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restrictions. On the other hand, if a terrorist attack were to occur at a US embassy abroad, an
NSA analyst would seek information held by NSA’s foreign partners.
(U) When reaching out to its intelligence partners, NSA would be particularly interested
in any specific selection terms related to the attack or attackers. 128 Without such leads, including
specific selection terms shared by partners or discovered by NSA, it is harder for NSA analysts
to query its intelligence repositories, conduct metadata analysis, and employ other analytic
techniques. 129

(U) Once NSA obtains information about the attack and attacker, an analyst would search
NSA’s intelligence repositories to find information previously collected under NSA’s various
legal authorities, such as Executive Order 12333 or FISA. 130 The results of these queries could,
for example, help the analyst conduct contact chaining to better understand the attacker’s
contacts and communications.

(U) The NSA analyst might also work with FBI and the Department of Justice to seek
authority to collect CDRs under the USA Freedom Act. 131 If approved, the analyst could use the
resulting CDRs to reveal connections between the attacker and other individuals in the United
States or abroad. 132 The analyst would write a report describing any foreign intelligence findings
(or, in some cases, simply listing phone numbers or other identifiers associated with the
attacker). That information could then be disseminated, pursuant to the minimization
procedures, to other government agencies involved in counterterrorism, including FBI.

B. (U) USA Freedom Act CDRs in Intelligence Reporting

(U) The number of orders the government sought under the CDR program has declined
sharply since its inception. From 2016 to 2018, the government received 94 FISA court orders
under the USA Freedom Act CDR provision. 133 In 2018, the government received 14 FISA
court orders, a steep drop from the two prior years. 134 Despite the relatively low number of
orders, NSA collected, in absolute terms, a large number of CDRs. In total, NSA estimates that

128 (U) NSA briefing to the Board (May 23, 2019).

129 (U) NSA briefing to the Board (May 23, 2019).
130 (U) NSA briefing to the Board (May 23, 2019).
131 (U) NSA briefing to the Board (May 23, 2019).
132 (U) NSA briefing to the Board (May 23, 2019).
133 (U) 2018 Statistical Transparency Report at 28. Those orders related to 93 unique targets.

134 (U) 2018 Statistical Transparency Report at 28.

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