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(U) The same day it identified the problem, NSA stopped issuing new requests to the
provider for data and also stopped processing data received from the provider into its
repositories. This ensured analysts stopped receiving access to new inaccurate CDRs. NSA
informed its analysts of the inaccurate information produced by the provider and cautioned them
not to rely on CDRs from the affected time period. The provider ultimately implemented a
technical solution to its system to prevent delivery of inaccurate records to NSA.
(S//NF) Subsequent internal NSA investigations discovered that prior to the discovery of
the data-integrity issue, some inaccurate CDRs were used to support four applications to the
FISA court seeking USA Freedom Act authorization . On April
11, 2018, the government filed a notice informing the FISA court of the inaccurate information
produced by this provider. The government also notified the FISA court of the four applications
that relied on the inaccurate information. NSA deleted CDRs acquired as a result of these four
applications and recalled one disseminated intelligence report generated based on the inaccurate
CDRs.
c. (U) Expanding Accuracy Concerns Lead NSA to Delete CDRs
(TS//SI//NF) In connection with its investigation into the provider’s production of
inaccurate data associated with , NSA searched for similar anomalous
data from the other providers and found a number of questionable CDRs. In one instance, NSA
brought the possibility of inaccurate CDRs to the attention of the provider. That provider
confirmed that it also produced CDRs with inaccurate data in situations. In
addition, the provider had also reported to NSA a separate tranche of inaccurate CDRs. Those
CDRs included fields which had been overwritten with unrelated data.
(U) By May 2018, NSA realized that the providers could not identify for NSA all the
affected records, and NSA had no way to independently determine which records contained
inaccurate information. Thus, NSA did not have a viable way to remove the affected records and
retain unaffected records. In response, NSA initiated the deletion of all data produced under the
USA Freedom Act by providers. 116 NSA also successfully revalidated all reports produced by
NSA by that time and confirmed they did not rely upon inaccurate CDRs produced in error by
the providers. NSA issued a public statement regarding its deletion of USA Freedom Act
CDRs. 117
116 (U) In September 2018, NSA’s Office of the Inspector General identified a small number of USA Freedom Act
“data objects” derived from CDRs that should have been deleted but were not, based upon NSA’s mistaken
assumption regarding the technical configurations for a single SIGINT repository. By October 15, 2018, NSA had
also deleted this data. See NSA Office of the Inspector General, Semi-Annual Report to Congress: 1 October 2018
to 31 March 2019, 13 (Jan. 2019), https://oig nsa.gov.
117 (U) Government Notice to the FISA court ¶ 7 (June 4, 2018); see also NSA Press Release, NSA Reports Data
Deletion, PA-010-18 (June 28, 2018).
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