Signals Intelligence Activities
While protecting our nation through the collection of signals intelligence (SIGINT) as authorized by law and policy, the Central Intelligence Agency (CIA), referred to herein as the "Agency," is committed to protecting the personal information of all people regardless of their nationality. This regulation establishes the principles that govern how the CIA conducts SIGINT activities and codifies into formal policy many existing practices which had not been previously put forth in a single regulatory issuance.
Definitions
- Foreign person - means a person who does not meet the definition of “United States person” in Executive Order 12333.
- Intelligence - has the same meaning as it does in the National Security Act of 1947.
- Personal information - covers the same types of information covered by “information concerning U.S. persons” under Section 2.3 of Executive Order 12333.
- SIGINT collected in bulk - means the authorized collection of large quantities of signals intelligence data which, due to technical or operations considerations, is acquired without the use of discriminants (e.g., specific identifiers, selection terms, etc.).
- United States person - has the same meaning as it does in Executive Order 12333.
General Policy: The Agency shall not collect SIGINT unless authorized to do so by statute or Executive Order, proclamation, or other Presidential directive, and such collection shall be undertaken in accordance with the Constitution and applicable statutes, Executive Orders, proclamations, Presidential directives, Agency regulatory issuances, and implementing guidance.
- Privacy and civil liberties shall be integral considerations in the planning of SIGINT activities. SIGINT shall be collected exclusively where there is a foreign intelligence or counterintelligence purpose to support national and CIA missions and not for any other purpose.
- The collection of foreign private commercial information or trade secrets is authorized only to protect the national security of the United States or its partners and allies. It is not an authorized foreign intelligence or counterintelligence purpose to collect such information to afford a competitive advantage to U.S. companies and U.S. business sectors commercially. Certain economic purposes, such as identifying trade or sanctions violations or government influence or direction, shall not constitute competitive advantage.
- SIGINT activities shall be as tailored as feasible. In determining whether to collect SIGINT, the Agency shall consider the availability of other information, including from diplomatic and public sources. Such appropriate and feasible alternatives to SIGINT shall be prioritized by means of the least intrusive technique required to obtain the intelligence of the nature, reliability, and timeliness required.
- The collection, use, retention, and dissemination of information concerning “United States persons” are governed by multiple legal and policy requirements, such as those required by the Foreign Intelligence Surveillance Act of 1978
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