Sen. Feinstein's response to NSA queries

<http://feinstein.senate.gov/>



Dear Ms. York:



I received your communication indicating your concerns about the two
National Security Agency programs that have been in the news recently.
I appreciate that you took the time to write on this important issue
and welcome the opportunity to respond.



First, I understand your concerns and want to point out that by law,
the government cannot listen to an American's telephone calls or read
their emails without a court warrant issued upon a showing of probable
cause.  As is described in the attachment to this letter provided by
the Executive Branch, the programs that were recently disclosed have to
do with information about phone calls - the kind of information that
you might find on a telephone bill - in one case, and the internet
communications (such as email) of non-Americans outside the United
States in the other case.  Both programs are subject to checks and
balances, and oversight by the Executive Branch, the Congress, and the
Judiciary.



As Chairman of the Senate Intelligence Committee, I can tell you that I
believe the oversight we have conducted is strong and effective and I
am doing my level best to get more information declassified.  Please
know that it is equally frustrating to me, as it is to you, that I
cannot provide more detail on the value these programs provide and the
strict limitations placed on how this information is used.  I take
serious my responsibility to make sure intelligence programs are
effective, but I work equally hard to ensure that intelligence
activities strictly comply with the Constitution and our laws and
protect Americans' privacy rights.



These surveillance programs have proven to be very effective in
identifying terrorists, their activities, and those associated with
terrorist plots, and in allowing the Intelligence Community and the
Federal Bureau of Investigation to prevent numerous terrorist attacks.
More information on this should be forthcoming.



· On June 18, 2003, the Director of the National Security Agency (NSA)
testified to the House Intelligence Committee that there have been
"over 50 potential terrorist events" that these programs helped
prevent.



· While the specific uses of these surveillance programs remain largely
classified, I have reviewed the classified testimony and reports from
the Executive Branch that describe in detail how this surveillance has
stopped attacks.



· Two examples where these surveillance programs were used to prevent
terrorist attacks were: (1) the attempted bombing of the New York City
subway system in September 2009 by Najibullah Zazi and his
co-conspirators; and (2) the attempted attack on a Danish newspaper
that published cartoons of the Prophet Mohammed in October 2009 by U.S.
citizen David Headley and his associates.



· Regarding the planned bombing of the New York City subway system, the
NSA has determined that in early September of 2009, while monitoring
the activities of Al Qaeda terrorists in Pakistan, NSA noted contact
from an individual in the U.S. that the FBI subsequently identified as
Colorado-based Najibullah Zazi.  The U.S. Intelligence Community,
including the FBI and NSA, worked in concert to determine his
relationship with Al Qaeda, as well as identify any foreign or domestic
terrorist links.  The FBI tracked Zazi as he traveled to New York to
meet with co-conspirators, where they were planning to conduct a
terrorist attack using hydrogen peroxide bombs placed in backpacks.
Zazi and his co-conspirators were subsequently arrested. Zazi
eventually pleaded guilty to conspiring to bomb the NYC subway system.



· Regarding terrorist David Headley, he was also involved in the
planning and reconnaissance of the 2008 terrorist attacks in Mumbai,
India that killed 166 people, including six Americans.  According to
NSA, in October 2009, Headley, a Chicago businessman and dual U.S. and
Pakistani citizen, was arrested by the FBI as he tried to depart from
Chicago O'Hare airport on a trip to Europe.  Headley was charged with
material support to terrorism based on his involvement in the planning
and reconnaissance of the hotel attack in Mumbai 2008.  At the time of
his arrest, Headley and his colleagues were plotting to attack the
Danish newspaper that published the unflattering cartoons of the
Prophet Mohammed, at the behest of Al Qaeda.



Not only has Congress been briefed on these programs, but laws passed
and enacted since 9/11 specifically authorize them.  The surveillance
programs are authorized by the Foreign Intelligence Surveillance Act
(FISA), which itself was enacted by Congress in 1978 to establish the
legal structure to carry out these programs, but also to prevent
government abuses, such as surveillance of Americans without approval
from the federal courts. The Act authorizes the government to gather
communications and other information for foreign intelligence purposes.
It also establishes privacy protections, oversight mechanisms
(including court review), and other restrictions to protect privacy
rights of Americans.



The laws that have established and reauthorized these programs since
9/11 have passed by mostly overwhelming margins.  For example, the
phone call business record program was reauthorized most recently on
May 26, 2011 by a vote of 72-23 in the Senate and 250-153 in the House.
The internet communications program was reauthorized most recently on
December 30, 2012 by a vote of 73-22 in the Senate and 301-118 in the
House.



Attached to this letter is a brief summary of the two intelligence
surveillance programs that were recently disclosed in media articles.
While I very much regret the disclosure of classified information in a
way that will damage our ability to identify and stop terrorist
activity, I believe it is important to ensure that the public record
now available on these programs is accurate and provided with the
proper context.



Again, thank you for contacting me with your concerns and comments.  I
appreciate knowing your views and hope you continue to inform me of
issues that matter to you.  If you have any additional questions or
concerns, please do not hesitate to contact my office in Washington,
D.C. at (202) 224-3841.



Sincerely yours,


  Dianne Feinstein
         United States Senator


Further information about my position on issues of concern to
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