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Discuss the overarching framework of our authority -- Thank you general.
ranking member members of the committee.
As general Alexander said then and is the chairman and ranking members had all of us in the national security area are constantly.
Trying to balance.
Protecting public safety with protecting people's privacy and civil liberties in this government and it's a constant job at balancing this.
We think we've done this in these instances.
There are statutes.
That are passed.
By congress this this is not a program that's off the books.
That's being hidden away this is part of what government puts together and discusses.
Statutes are passed.
It is overseen by three branches of our government the legislature the judiciary and the executive branch.
The process of oversight occurs before during and after the processes that we're talking about today.
-- I want to talk a little bit about how that works what the legal framework is and what some of the protections are that are put into it.
First of all what we have seen published.
In the newspaper concerning 215 this is -- business records.
Provisions of the Patriot Act and also -- Pfizer.
He's seen one order in the newspaper that's a couple of pages long.
That just says.
Under that order.
Were allowed to acquire meta data telephone records.
That's one of two orders it's the smallest of the two orders and the other order which has not been published.
Goes into in great.
What we can do wish that meta data.
How we can access it how we can look through it.
What we can do with it once we have looked through it -- what the conditions are that are placed on us.
To make sure that we protect privacy and civil liberties at the same time protect public safety.
Let me go through a few of the features of its first of all.
It's meta data -- -- phone records these that this is just like what you would get in your own phone bill it is the number that was dialed from.
The number that was dial two.
That date and the length of time.
That's all we get under 215.
We do not get the identity.
Of any of the parties to this phone call.
We don't get any cell site or location information as to where any of these phones were located.
And most importantly you're probably gonna hear this about a hundred times today we don't get any content.
Under this we don't listen in on anybody's calls under this program at all.
This is under as I said section 215 of the Patriot Act this has been.
Debated and up for reauthorization.
And re authorized twice.
By the United States congress since its inception in 2006.
And in 2011.
Now in order the way it works.
The there is an application that has made by the FBI under this statute to the Pfizer court we caught the Fiske.
They ask for and received permission from the -- under this to get records that are relevant.
To a national security investigation.
And they must demonstrate to the -- that it will be operated.
Under the guidelines that are set forth by the attorney general.
Under executive order twelve -- three this is what covers intelligence gathering in the federal government.
It is limited to tangible objects.
Now what does that mean these are like records like the meta data the phone records I've been describing.
But it is quite explicitly limited to things that you could get with the grand jury subpoena.
Those kinds of records.
Now it's important to know prosecutors issue grand jury subpoenas all the time.
And do not need any involvement of a court or anybody else really to do so.
Under this program we need to get permission from the court to issue this ahead of time so there is court involvement.
With the issuance of these orders which is different from a grand jury subpoena but that type of records.
Just documents business records things like that are limited to those same types of records that we could get.
Through grand jury subpoena.
Now the orders that we get last ninety days.
So we have to -- up and -- -- these orders every ninety days in order to -- Now there are strict controls over what we can do under the order and again that's the bigger thicker order that hasn't been published.
There is restrictions on who can access it.
In this sort it is stored.
And NSA that can only be accessed by a limited number of people.
And the people who are allowed to access it have to have special and rigorous training about the standards under which that they can access it.
In order to access -- there needs to be a finding that there is reasonable suspicion that you can articulate.
That you can put into words.
That the person whose phone records you want to queries.
Is involved with some sort of terrorist organizations and they are defined it's not everyone there are limited in the statute.
So there has to be independent evidence aside from these phone records.
That the person you're targeting is involved with a terrorist organization.
If that person is -- United States person us citizen or lawful permanent resident.
You have to have something more than just their own speeches their own readings their own First Amendment type activity you have to have.
Additional evidence be on that.
That indicates that there is reasonable articulate both suspicion that these people are associated with specific terrorist organizations.
No one of the things to keep in mind his under the law.
The Fourth Amendment does not apply to these records there is a case quite a number of years ago by the Supreme Court that indicated.
That told records phone records like this that don't include any content.
Are not covered by the Fourth Amendment because people don't have a reasonable expectation of privacy in who they called and when they call.
That's something you showed -- the phone company that's something you -- -- many many people within the phone company on a regular basis.
Once those records are accessed under this process and reasonable articulate both suspicion is found.
That's found by specially trained people it is reviewed by their supervisors it is documented.
Ahead of time so that somebody can take a look at it.
Any of the accessing that is done is done in an audible fashion there is a trail of it.
So both the decision and the facts that support the accessing in the -- is documented.
The amount that was done what was done all of that is documented and reviewed and audited on a fairly regular basis we're gonna stay with his hearing that we do have been.
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