2023 Annual Statistical Transparency Report: A Comprehensive Overview of National Security Surveillance
The 2023 Annual Statistical Transparency Report (ASTR) released by the Office of the Director of National Intelligence (ODNI) provides a comprehensive overview of how the U.S. Intelligence Community (IC) utilizes national security surveillance authorities. This eleventh edition of the report covers the period from January 1 to December 31, 2023, and aims to enhance transparency and accountability in the use of these critical tools, which are essential for safeguarding national security while protecting civil liberties and privacy.
The report begins by emphasizing the importance of these surveillance authorities, which are primarily governed by the Foreign Intelligence Surveillance Act (FISA). FISA authorizes various forms of intelligence collection, including electronic surveillance and physical searches, to gather foreign intelligence information. The use of these authorities is subject to rigorous oversight by independent judicial and legislative bodies, ensuring compliance with the U.S. Constitution and laws. The ASTR details the use of FISA Title I and III authorities, which require individual court orders based on probable cause for targeting both U.S. and non-U.S. persons. These titles cover electronic surveillance and physical searches within the United States. The report notes an increase in the number of orders and targets under these titles compared to the previous year, although there was a decrease in the percentage of targets who are U.S. persons.
A significant portion of the report focuses on FISA Section 702, which permits the targeting of non-U.S. persons located outside the United States to acquire foreign intelligence information. This authority requires the joint authorization of the Attorney General and the Director of National Intelligence, along with the approval of the Foreign Intelligence Surveillance Court (FISC). The report reveals an increase in the number of Section 702 targets in 2023, continuing a trend observed in recent years. It also highlights the stringent procedures and oversight mechanisms in place to ensure that Section 702 is used lawfully and effectively. The report provides detailed statistics on the number of orders issued and the estimated number of targets, as well as the use of U.S. person queries. The number of U.S. person queries conducted by the Central Intelligence Agency (CIA), National Security Agency (NSA), and the National Counterterrorism Center (NCTC) showed a downward trend for content-only and combined content/noncontent queries, with an increase in noncontent-only queries.
The dissemination of U.S. person information is another area covered by the report. It includes data on requests to unmask U.S. person identities that were initially masked in intelligence reports. The number of such requests decreased in 2023, as did the number of requests approved, while the number of denials increased.
The report also provides insights into the use of FISA information in criminal proceedings. There was an increase in the number of instances where the government provided notice of its intent to use FISA information in criminal cases. Additionally, the use of National Security Letters (NSLs) saw an uptick in 2023. NSLs are a tool used by the FBI to request information from third parties without a court order, under certain conditions. The statistics on NSLs provide an indication of their usage and the scope of information sought through these requests.
Overall, the 2023 Annual Statistical Transparency Report by the ODNI provides a detailed and transparent account of the use of national security surveillance authorities by the U.S. Intelligence Community. It highlights both the critical role these tools play in protecting national security and the rigorous oversight mechanisms in place to ensure their lawful and appropriate use.