Previously been published in Lawfare (Jan. 15, 2021), in this paper David Kris reviews new National Security Agency guidance designed to regulate signals intelligence (SIGINT) activity that implicates US persons’ privacy and the Fourth Amendment. Officially an annex to the manual of rules governing all DOD elements—DOD Manual 5240.01—the new “SIGINT Annex” replaces the prior NSA annex, last significantly updated in 1988.
This paper reviews and analyzes the new SIGINT Annex, reading it in context with the Raw SIGINT Guidelines, the PPD-28 Procedures, and the current version of USSID-18, occasionally comparing it to the DOD Manual, the Prior Annex, and a corresponding set of internal procedures issued in 2017 by the Central Intelligence Agency.
David Kris is a founder of Culper Partners LLC. He previously served as assistant attorney general for national security, associate deputy attorney general, trial attorney at the Department of Justice, general counsel at Intellectual Ventures, and deputy general counsel and chief ethics and compliance officer at Time Warner. He is the author or co-author of several works on national security, including the treatise National Security Investigations and Prosecutions, and has taught at Georgetown University and the University of Washington.
Randomly, but increasingly, when he submits material for prepublication review by the government, Mr. Kris has been directed to add the following disclaimer or its equivalent, which should be understood to apply to all of his published work unless otherwise indicated: “All statements of fact, opinion, or analysis expressed are those of the author and do not reflect the official positions or views of the U.S. Government. Nothing in the contents should be construed as asserting or implying U.S. Government authentication of information or endorsement of the author’s views.”