In line with requirements under the Foreign Intelligence Surveillance Act of 1978, as amended, and the commitment of the intelligence community to principles of intelligence transparency, the Office of the Director of National Intelligence has released the Annual Statistical Transparency Report Regarding the Intelligence Community’s Use of National Security Surveillance Authorities for Calendar Year 2023.
The report offers the public insight into the oversight framework governing the IC and provides statistics and other information about the use of various national security authorities, including those under FISA, ODNI said Tuesday.
Highlights in the CY2023 transparency report include increases in FISA Title I, III and VII Sections 703 and 704 orders and targets compared to the preceding year. FISA Title I and III involve electronic surveillance and physical searchers based on probable cause, while FISA Title VII Sections 703 and 704 involve the targeting of U.S. persons located abroad based on probable cause.
The report also notes an increase in FISA Section 702 targets but points out that the increase follows previous trends.
On April 20, authorities under FISA Section 702 were renewed after President Joe Biden signed a reauthorization bill that also sought to introduce reforms to mitigate risks to American privacy and civil liberties. The transparency report generally covers the period between Jan. 1, 2023, through Dec. 31, 2023, so changes to 702 that went into effect this year would not be covered.