WINDSTOP, INCENSER, RAMPART-A, and MARINA – in further detail
in the Factual Appendix.
68.
The Government at no point addresses bulk surveillance programmes
operated pursuant to Executive Order 12333. Rather, it confines its
submissions to a discussion of PRISM and Upstream, two NSA
programmes operated pursuant to section 702 of FISA.
b.
Section 702 of FISA
69.
The earliest Snowden disclosures revealed that the US Government was
conducting two surveillance programmes: PRISM and Upstream.34 PRISM
was described as a programme by which the NSA and Federal Bureau of
Investigation were “tapping directly into the central servers of nine leading
U.S. internet companies, extracting audio, video, photographs, e-mails,
documents and connection logs that enable analysts to track a person’s
movements and contacts over time.”35 Upstream was described as the
“[c]ollection of communications on fiber [sic] cables and infrastructure as
data flows past.”36
70.
As the Government’s Observations indicate, the US Government has
publicly avowed the existence of both PRISM and Upstream and explained
that both programmes operate pursuant to section 702 of FISA (§ 1.5).
Generally speaking, FISA governs US foreign surveillance activities
Barton Gellman & Laura Poitras, WASHINGTON POST, US British intelligence mining data
from nine U.S. Internet companies in broad secret program, 7 June 2013,
https://www.washingtonpost.com/investigations/us-intelligence-mining-data-from-nine-usinternet-companies-in-broad-secret-program/2013/06/06/3a0c0da8-cebf-11e2-8845d970ccb04497_story.html; Glenn Greenwald & Ewen MacAskill, GUARDIAN, NSA Prism program
taps
in
to
user
data
of
Apple,
Google
and
others,
June
6,
2013,
http://www.theguardian.com/world/2013/jun/06/us-techgiants-nsa-data (cited in King Witness
Statement, para 91 n 51).
35 U.S., British intelligence mining data (discussed further in King Witness Statement, paras. 9499).
36 U.S., British intelligence mining data; see also James Ball, GUARDIAN , NSA’s Prism
surveillance program: how it works and what it can do, June 8, 2013,
http://www.theguardian.com/world/2013/jun/08/nsa-prism-server-collection-facebook-google
(discussed further in King Witness Statement, paras 100-105).
34
32