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d. (U) Additional Compliance Issues and Concerns
(S//NF) Later in 2018, NSA noticed a larger than expected number of data values in
specific fields of CDRs from one provider. The provider discovered that it had produced more
CDRs with incorrect data associated with authorized specific selection terms.
Working with this provider, NSA was unable to rectify the inaccurate data problem.
(TS//SI//NF) Further discussion with this provider, and with the other providers, led NSA
to gain a better appreciation for how all providers maintain their business records in
. The government maintains that CDRs created by all
providers in are valid session identifying
information under the statute because with the specific selection term and
are included in CDRs showing a contact and/or connection with the Court-authorized specific
selection term. The government informed the FISA court of this position. The FISA court did
not explicitly address this issue in any orders or hearings.
e. (U) Suspension of the Program
(S//NF) NSA allowed its last FISA court order issued under the USA Freedom Act to
expire in early 2019. 118 Since then, NSA has not requested any CDRs from providers. On
NSA informed the Board that it would begin dismantling the System 1 architecture and
would reallocate any remaining funds to other intelligence programs. 119 NSA’s decision to end
its collection of CDRs under the USA Freedom Act, delete previously acquired records, and
decommission the technical architecture created to effectuate it, was “made after balancing the
program’s relative intelligence value, associated costs, and compliance and data-integrity
concerns caused by the unique complexities of using these provider-generated business records
for intelligence purposes.” 120 NSA subsequently deleted data collected under the USA Freedom
Act. 121
118 (U) NSA Notice to the Board (Apr. 17, 2019).
119 (U) NSA oral notice to Board Executive Director, Lynn Parker Dupree.
120 (U) Letter from Director of National Intelligence Dan Coats to Senators Richard Burr, Lindsey Graham, Mark
Warner, and Dianne Feinstein (Aug. 14, 2019).
121 (U) NSA Notice to the Board (Aug. 5, 2019).
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