The legal regime surrounding SIGINT activities continually reinforces the position that SIGINT operations should be conducted in the least intrusive manner and that the amount of information collected about United States persons should be minimized.(186) Section 2.4 of Executive Order 12,333 dictates that "[a]gencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad."(187) Annex A to USSID 18 specifically provides that, "[c]ollection personnel will monitor the collection of raw data at regular intervals to verify that the surveillance is not avoidably acquiring communications of U.S.
But then you have the third category which no one will recognize, which is intelligence which moves back and forth between them.(190) USSID 18 includes guidance for operating in this gray area.
The default guidelines on this matter established by the NSA in USSID 18 prove problematic on two fronts.
(171.) United States Signal Intelligence Directive (USSID) 18 (Oct.