Security News > 2020 > September > On Executive Order 12333

Abstract: Executive Order 12,333 is a 1980s Executive Order signed by President Ronald Reagan that, among other things, establishes an overarching policy framework for the Executive Branch's spying powers.

Although electronic surveillance programs authorized by EO 12333 generally target foreign intelligence from foreign targets, its permissive targeting standards allow for the substantial collection of Americans' communications containing little to no foreign intelligence value.

This working draft conducts such an inspection by collecting and coalescing the various declassifications, disclosures, legislative investigations, and news reports concerning EO 12333 electronic surveillance programs in order to provide a better understanding of how the Executive Branch implements the order and the surveillance programs it authorizes.

After exploring the electronic surveillance programs authorized by EO 12333, this Article proposes reforms to the existing policy framework, including narrowing the aperture of authorized surveillance, increasing privacy standards for the retention of data, and requiring greater transparency and accountability.

EDITED TO ADD: Good New York Times article from 1983 on EO 12333, pointing out that Congress had never limited its power.

News URL

https://www.schneier.com/blog/archives/2020/09/on-executive-order-12333.html