CY2009_ANNUAL_IOB_REPORT.PDF

DOCID : 4165174 
Tor ~ f!C1tf!i /1COMTN [/INOPORN 
NATIONAL SECURITY AGENCY 
CENTRAL SECURITY SERVICE 
!=ORT GEORGE'. G. MEADE. MARYLAND 20755- 6000 
02 March 2010 
MEMORANDUM FOR THE ASSISTANT TO THE SECRETARY OF DEFENSE 
(INTELLIGENCE OVERSIGHT) 
SUBJECT: (U//FOUO) Required Actions for the CY 2009 Intelligence Oversight Report to 
Congress - INFORMATION MEMORANDUM 
(U/lFOUO) In accordance with your memorandum of 21 October 2009, the enclosed 
consolidation of the National Security Agency's Quarterly Reports to the President's Intelligence 
Oversight Board for calendar year 2009 is provided t…

DOCID: 4165174

DOCID: 4165174 
'FOP SECRE'f//COMfN'fh'tqQfORH 
1. (U/lfOUO) Intelligence, counterintelligence, and intelligence-related activities 
that violate law, regulation, or policy substantiated during the year, as well as 
actions taken as a result of the violations 
'(b).(1) 
(U) Intelligence Activities 
(b)(3):_P.L 86-36 
tb;;·:::·'_ 
(b) ... Unintentional Collection against United States Persons or Persons in the 
United States 
..... 
('FS//S:If/;·fr~ 
!instances in which Signals Intelligence (SIGINT) analysts 
inadvertently collected communications to, from, or about United States (U.S.) persons…

DOCID: 4165174 
(U) Poorly Constructed Database Queries 
.(b)(1) 
(b)(3)-P.L. 86-36 
(b).(3)-18 USC 798 
(b)(~)-50 USC 3024(i) 
(T51/Sl//NF) OnO~ccasions, NSA analysts employed poorly constructed database queries, and 
onO ·ofthose occasiOqs, the queries returned results from the database. Problems were caused 
by analysts.querying seh~~tors thought to be foreign but were discovered to be in the United 
States, misurider:;;tandings"·o.f authority, overly broad search tenns, procedural errors such as 
failure to confi~"tneJocati~h .. of targets, software-related problems, other human error, and…

.DOCID: 4165174 
"POP SEC.R:E'fflCOMHff//MOFOl'tiq 
Iate,Qin.w[l~_ch tasking occurred before authorization, O
.tn which selector.sl 
I 
I 
hn§J~~~~ of misunderstanding the-..~uthorit~.I:2] in which FISC-
. approved selectors were misused,Q-ftotn ·~,,qg~P,EE~ved select?r, a.Bsi·Dfrom other human 
error. There was also one case of improper dissemiiiaffon:'"""""'" ........... \ .. / .. . 
. 
..·····//(b)(1) 
(U) Retention 
.......... ···,../I (b)(3)-P.L. 86-36 
(Sl?'R:EL 'fO USA, FVEY) .... I --------,l·fuNsA.9a~:laeveloper noted that a database 
contained FISA data older than the retenf 
·· 
u!h…

DOCID: 4165174 
metadata NSA receives pursuar1t to the Court's orders and to guard against manual 
querying enors. 
(TSHSf/f~ff) The Depaitment of Justice filed preliminary notices of compliance incidents with 
the FISC on 15 January, 21 January, 26 January, 2 February, 25 February, and 31 March 2009. 
The FlSC issued an order on 5 March 2009 that allowed NSA to continue to acquire the BR 
FIS.A metadata but imposed further restrictions on use of the data. 
(T8//Sf//NF) On 24 June 2009, during the end-to-end review of the FISA BR Order 
implementation, the review team found that NSA disseminat…

OOCID : 4165174 
TOP SECRE'f//C0fvfffq'f7)1q0f'Oltl~ 
violation due to collection at an unapproved location, one violation due to procedural error, and 
one violation for tasking prior to approval. 
(U) Dissemination of FAA Data 
(TSh'Stmq-f') I 
lu:nrninimized collection containing a U.S. selector was 
forwarded to . 
ln an analyst-to-analyst exchange. 
When the violation was identified, the message W?..~ successfully recalled! 
J 
(U//FOUO) I 
I anNSA analyst forwarded·FA.~ data th NSA personnel, some 
of whom were not authorized to view FAA data The e-maiLwas recalled and recipients deleted…

DOCID: 4165174 
TOP SECRETHCOMIHT/,'HOFORH 
(T~//SINNF) I 
l..,in response to a request from senior managers, an NSA 
analyst que1ied a raw SIG INT datab~t?e using selectors associated with a U.S. person not 
authorized for collection under FAA. "rhe analyst conducted the search becaus~ 
_...;;...L ____ 
...... 
-Th.~ anal st wasL----------.....-----------......-......-;;,;;;;_----1 
. efor.,f;. ~ U.S. person ls,_ target_ed·:··· Thequei"fproducect··nc».results and no 
L--re_p_o-rt-s -w-e-re-1-ss_u_e_..-----JI 
...... "'""""'""'""""·"···· · 
.
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