CONFIDENTIAL 1 December 2010 TO Mr Professional Staff Member Senate Select Committee on Intelligence TS SI NF PR TT BR Authorities with regard to Geolocation Collection QUESTION TS SI NF What are the current authorities with regard to collecting geolocation information under PR TT and BR FISA bulk data programs In Section 215 BR authorities it says NSA can collect in bulk data but not geolocation information Please clarify when NSA can collect FISA geolocation data either through telephony or internet RESPONSE TS SI NF You asked whether the Pen Register Trap Trace PR TT and the Business Records BR provisions of the Foreign Intelligence Surveillance Act FISA preclude the National Security Agency NSA from obtaining geolocation information As you know pursuant to the Court-authorized PR TT and BR bulk data collection programs NSA obtains respectively electronic communications metadata and telephone call detail records NSA’s acquisition and use of this data is governed by very detailed orders issued by the Foreign Intelligence Surveillance Court “the FISC” copies of which have previously been provided to the Committee TS SI NF Under NSA’s Court-authorized bulk electronic communications metadata acquisition program the FISC has authorized the Agency to collect categories of electronic communications metadata from e-mail The FISC authorized the Derived From NSA CSSM 1-52 Dated 20070108 sify On 20351001 CONFIDENTIAL CONFIDENTIAL acquisition of this electronic communications metadata pursuant to the pen register and trap and trace provisions of FISA For a more detailed explanation o categories types of metadata we respectfully refer you to the FISC’s Memorandum Opinion in docket Number PR TT which was pr vided to the Committee NSA does not acquire what is generally referred to as cell site location information pursuant to this Court-authorized program TS SI NF Under NSA’s Court-authorized bulk telephone call detail records or telephony metadata acquisition program the FISC has authorized the Agency to collect call detail records or telephony metadata from certain identified telecommunications companies Telephony metadata includes comprehensive communications routing information e g originating and terminating telephone number International Mobile Subscriber Identity IMSI number International Mobile station Equipment Identity IMEI number etc trunk identifier telephone calling card numbers and time and duration of call Telephony metadata does not include the substantive content of any communication as defined by 18 U S C § 2510 8 or the name address or financial information of a subscriber or customer The FISC authorized the acquisition of this telephony metadata pursuant to the tangible things provision of FISA Some of the information currently acquired pursuant to this authority such as an area code or telephone exchange can provide some information concerning a telephone’s possible location With the exception of a test data sampling acquired from one provider NSA does not currently obtain cellular mobility data cell site location information pursuant to this Court-authorized program NSA is however exploring the possibility of acquiring such mobility data under this program in the near future under the authority currently granted by the Court U FOUO If you have any questions regarding this correspondence please feel free to contact the undersigned POC Legislative Affairs Officer DRV FM NSA CSSM 123-2 Dated 24 Feb 98 DECL ON X1 CONFIDENTIAL