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(TS//SI//NF) A second set of CDR-specific incidents, which involved
raises equally complex statutory questions. There,

267 According
to its subsequent public press release, NSA stated that “[t]hese irregularities . . . resulted in the
production . . . of some CDRs that NSA was not authorized to receive.” 268 NSA deleted the data
that it had acquired as a result of these issues, a fact the agency then disclosed publicly. 269

(TS//SI//NF) The government subsequently considered whether it could, in fact, lawfully
request an additional production of CDRs It concluded that it could obtain
CDR records based on reasoning that are . . . valid session
identifying information because in contact with are included
270 Out
of an abundance of caution, however, the government also determined that NSA would not
forward any such information to its corporate repositories. 271

(TS//SI//NF) In statutory terms, this incident raises subtle questions about the precise
terms of the statute. Could be considered that
could then be used to “require the prompt production of a second set of call detail records”? 272
Could

because of its role in routing the call? 273 The answers to these
questions are murky, and we are aware of no on-point precedent interpreting the relevant terms.
, out of an abundance of caution, NSA did not forward

Applications of the Federal Bureau of Investigation for Orders Requiring the Production of Call Detail Records,
Various Docket Numbers (Mar. 19, 2018).
267 (U) Supplemental Notice of Compliance Incident Regarding Multiple Dockets In Re Applications of the Federal
Bureau of Investigation for Orders Requiring the Production of Call Detail Records (CDRs) Pursuant to Title V of
FISA, as amended by the USA FREEDOM Act (Mar. 4, 2019).
268 (U) NSA Press Release, NSA Reports Data Deletion, PA-010-18 (June 28, 2018).
269 (U) NSA Press Release, NSA Reports Data Deletion, PA-010-18 (June 28, 2018).
270 (U) Supplemental Notice of Compliance Incident Regarding Multiple Dockets In Re Applications of the Federal
Bureau of Investigation for Orders Requiring the Production of Call Detail Records (CDRs) Pursuant to Title V of
FISA, as amended by the USA FREEDOM Act (Mar. 4, 2019).
271 (U) Supplemental Notice of Compliance Incident Regarding Multiple Dockets In Re Applications of the Federal
Bureau of Investigation for Orders Requiring the Production of Call Detail Records (CDRs) Pursuant to Title V of
FISA, as amended by the USA FREEDOM Act (Mar. 4, 2019).
272 (U) 50 U.S.C. § 1861(k)(3), (c)(2)(F)(iv).

273 (U) 50 U.S.C. § 1861(k)(3).

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