Executive order 12333 summary. Demystifying Executive Order 12333 — The John Hay Initiative 2019-02-16

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Assassination Ban and E.O. 12333: A Brief Summary

executive order 12333 summary

The National Archives maintains a indexed by Presidents, by Order number, and by subject. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under. Executive Order was originally created with the following goals Section 1. The Secretary of the Treasury shall: a Overtly collect foreign financial and monetary information; b Participate with the Department of State in the overt collection of general foreign economic information; c Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsibilities; and d Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. Government and coordinate such activities between different departments and agencies. Table of Contents Goals, Direction, Duties, and Responsibilities With Respect to the National Intelligence Effort Goals The National Security Council National Foreign Intelligence Advisory Groups The Intelligence Community Director of Central Intelligence Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies Senior Officials of the Intelligence Community The Central Intelligence Agency The Department of State The Department of the Treasury The Department of Defense Intelligence Components Utilized by the Secretary of Defense The Department of Energy The Federal Bureau of Investigation Conduct of Intelligence Activities Need Purpose Collection of Information Collection Techniques Attorney General Approval Assistance to Law Enforcement Authorities Contracting Consistency With Other Laws Undisclosed Participation in Organizations Within the United States Human Experimentation Prohibition on Assassination Indirect Participation General Provisions Congressional Oversight Implementation Procedures Definitions Purpose and Effect Revocation Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons and their agents, is essential to the national security of the United States. In accordance with these policies and procedures: A The Director of the Federal Bureau of Investigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities inside the United States; B The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities outside the United States; C All policies and procedures for the coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attorney General; and D All policies and procedures developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements; 21 Shall, with the concurrence of the heads of affected departments and agencies, establish joint procedures to deconflict, coordinate, and synchronize intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government departments, agencies, and establishments; 22 Shall, in coordination with the heads of departments containing elements of the Intelligence Community, develop procedures to govern major system acquisitions funded in whole or in majority part by the National Intelligence Program; 23 Shall seek advice from the Secretary of State to ensure that the foreign policy implications of proposed intelligence activities are considered, and shall ensure, through appropriate policies and procedures, that intelligence activities are conducted in a manner consistent with the responsibilities pursuant to law and presidential direction of Chiefs of United States Missions; and 24 Shall facilitate the use of Intelligence Community products by the Congress in a secure manner.

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Executive Order 12333

executive order 12333 summary

Those procedures shall permit collection, retention and dissemination of the following types of information: a Information that is publicly available or collected with the consent of the person concerned; b Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. But even when the government targets foreign nationals overseas in response to valid foreign intelligence requirements, it will inevitably collect some communications about Americans. And Congress—specifically the Judiciary and Intelligence committees—must reassert the same aggressive and diligent oversight they performed in the 1970s and 1980s. All departments and agencies shall cooperate fully to fulfill this goal. For the purposes of this Order, the following terms shall have these meanings: a Counterintelligence means information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their agents, or international terrorist organizations or activities. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

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A Primer on Executive Order 12333: The Mass Surveillance Starlet

executive order 12333 summary

In addition, Congress has the power to oversee, authorize and fund these activities. For example, it collects billions of records every day containing the location information of mobile phones, including Americans' phones; to harvest the address books of email users; and to sweep up the information of users of Google and Yahoo as it travels between those companies' data centers abroad. The second part applies to the actual conduct of intelligence activities and includes a prohibition on assassination. New procedures, as required by Executive Order 12333, as further amended, shall be established as expeditiously as possible. The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333.

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The Truth About Executive Order 12333

executive order 12333 summary

Although executive orders have historically related to routine administrative matters and the internal operations of federal agencies, recent Presidents have used Executive Orders more broadly to carry out policies and programs. The change was in the works long before there was any expectation that someone like Trump might become president. Bush on August 27, 2004. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, Act and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: Part 1 Goals, Directions, Duties, and Responsibilities with Respect to United States Intelligence Efforts 1.

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Executive Order 12333 — Central Intelligence Agency

executive order 12333 summary

Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds. Many of these protections apply expressly to information about U. No agency except the Central Intelligence Agency or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law 93-148 may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective; 5 Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organizations consistent with section 1. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the Intelligence Community element head or designee. At its core, Executive Order 12333 is an attempt to reconcile the need for intelligence information with the protection of privacy and civil liberties by the U. These procedures generally provide that communications may not be retained for more than five years.

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Executive Orders

executive order 12333 summary

We reply first to messages of greater interest to us and to those with more detail. The subject's informed consent shall be documented as required by those guidelines. The heads of elements of the Intelligence Community shall: a Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President; b Report to the Attorney General possible violations of Federal criminal laws by employees and of specified Federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; c Report to the Intelligence Oversight Board, consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive; d Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director; e Facilitate, as appropriate, the sharing of information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities; f Disseminate information or intelligence to foreign governments and international organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing element or department; and d Render any other assistance and cooperation to law enforcement or other civil authorities not precluded by applicable law. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning: 1 Production, review and coordination of national foreign intelligence; 2 Priorities for the National Foreign Intelligence Program budget; 3 Interagency exchanges of foreign intelligence information; 4 Arrangements with foreign governments on intelligence matters; 5 Protection of intelligence sources and methods; 6 Activities of common concern; and 7 Such other matters as may be referred by the Director of Central Intelligence. Protection of privacy for U.

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Executive Order 12333: United States Intelligence Activities

executive order 12333 summary

No element of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order. This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities and espionage conducted by foreign powers. But Americans can get caught up in foreign intelligence investigations, too — whether they are targets themselves, communicating with targets, or simply sending e-mails that get stored or routed overseas. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence possible. The first part is the bulk of the order, describing the overall goals, directions, duties, and responsibilities of U. The , now pending in Congress, would end backdoor searches by all federal agencies. Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States.

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Demystifying Executive Order 12333 — The John Hay Initiative

executive order 12333 summary

This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. Section 702 of the allows agencies - without a warrant and in a broad range of circumstances - to search for information about Americans among communications collected for foreign intelligence purposes. Signed by President George W. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. Recruiting will contact applicants within 45 days if their qualifications meet our needs.

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