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Drug Enforcement Administration 350 Fifth Avenue, 34th Floor New York, NY 10118-3299 Tel: +1-212-290-4700 Fax: +1-212-736-1300; 917-591-3452 Kenneth Roth, Executive Director Freedom of Information & Privacy Act Unit (SARF) Deputy Executive D i r e c t o r s Michele Alexander, Development and Global Initiatives Drug Enforcement Administration Nicholas Dawes, Media Iain Levine, Program 8701 Morrissette Drive Chuck Lustig, Operations Springfield, VA 22152 Bruno Stagno Ugarte, Advocacy Emma Daly, Communications Director Dinah PoKempner, General Counsel January 18, 2017 James Ross, Legal and Policy Director Division and Program Directors Brad Adams, Asia To Whom It May Concern: Daniel Bekele, Africa Maria McFarland Sánchez-Moreno, United States Alison Parker, United States Through this letter, Human Rights Watch (“HRW”) requests copies of José Miguel Vivanco, Americas Sarah Leah Whitson, Middle East and North Africa documents pursuant to the Freedom of Information Act, 5 U.S.C. § 552. Hugh Williamson, Europe and Central Asia Shantha Rau Barriga, Disability Rights Peter Bouckaert, Emergencies We request these documents on an expedited basis; we also seek a public Zama Coursen-Neff, Children’s Rights Richard Dicker, International Justice interest fee waiver and news media fee status. Bill Frelick, Refugees’ Rights Arvind Ganesan, Business and Human Rights Liesl Gerntholtz, Women’s Rights As explained below, our request concerns final or working policy and Steve Goose, Arms Diederik Lohman, acting, Health and Human Rights other documents that relate to the ability of the Drug Enforcement Graeme Reid, Lesbian, Gay, Bisexual, and Transgender Rights Administration (“DEA”) to obtain access to communications and related Advocacy Directors Maria Laura Canineu, Brazil data that the US government has acquired under 50 U.S.C. § 1881a (also Louis Charbonneau, United Nations, New York Kanae Doi, Japan known as Section 702 of the Foreign Intelligence Surveillance Act, John Fisher, United Nations, Geneva Meenakshi Ganguly, South Asia “FISA”) or Executive Order 12333 (“EO 12333”). In the context of this Bénédicte Jeannerod, France Lotte Leicht, European Union request, “related data,” also commonly known as “metadata,” refers to Sarah Margon, Washington, DC data that describe a communication: for example, the date, time, and David Mepham, United Kingdom Wenzel Michalski, Germany duration of a telephone conversation, or the date, time, sender, and Elaine Pearson, Australia recipients of an e-mail. For our purposes, “related data” also includes Board of Directors Hassan Elmasry, Co-Chair location data. Robert Kissane, Co-Chair Michael Fisch, Vice-Chair Oki Matsumoto, Vice-Chair Amy Rao, Vice-Chair Below, we list our specific requests, followed by an explanation of the Amy Towers, Vice-Chair relevant laws. We also provide details regarding our requests for Catherine Zennström, Vice-Chair Michael Fisch, Treasurer expedited processing, a public interest fee waiver, and news media fee Bruce Rabb, Secretary Karen Herskovitz Ackman status. Akwasi Aidoo Jorge Castañeda Michael E. Gellert Leslie Gilbert-Lurie I. Requested records Paul Gray Betsy Karel David Lakhdhir Human Rights Watch respectfully requests copies of the following Kimberly Marteau Emerson Joan R. Platt documents, preferably in electronic format and on a rolling basis as the Neil Rimer Shelley Frost Rubin DEA locates them: Ambassador Robin Sanders Jean-Louis Servan-Schreiber Sidney Sheinberg Bruce Simpson 1. Formal, final, or implemented legal opinions and determinations, Donna Slaight Siri Stolt-Nielsen procedures, policies, and training materials that meaningfully discuss or Darian W. Swig Makoto Takano address the DEA’s authority to acquire or collect communications or Peter Visser related data pursuant to Section 702 or Executive Order 12333. Marie Warburg a. Please note that some materials may refer to Section 702 simply as the “FISA Amendments Act” (or “FAA”), of which it was a part. AMSTERDAM · BEIRUT · BERLIN·BRUSSELS·CHICAGO · GENEVA·JOHANNESBURG · KIEV · LONDON·LOS ANGELES·MOSCOW· NAIROBI · NEW YORK· PARIS · SAN FRANCISCO·SÃO PAULO · SILICON VALLEY · STOCKHOLM · SYDNEY · TOKYO · TORONTO·WASHINGTON · ZÜRICH 2. Foreign Intelligence Surveillance Court (“FISC”) materials (including, e.g., submissions, opinions, orders, and petitions) that meaningfully discuss or address the DEA’s authority to acquire or collect communications or related data pursuant to Section 702 or Executive Order 12333. 3. Formal, final, or implemented legal opinions and determinations, procedures, policies, and training materials that meaningfully discuss or address the DEA’s authority to receive, disseminate, retain, minimize, use, query, or authorize the querying of communications or related data the US government has obtained pursuant to Section 702 or Executive Order 12333. a. This request includes (but is not limited to) records meaningfully discussing the DEA’s treatment of data accessible to, made available to, or disseminated by it through fusion centers, joint task forces, the Special Operations Division (“SOD”), the El Paso Information Center (“EPIC”), or databases such as CrissCross/Proton, IC Reach, DICE, Merlin, or Compass. b. It also includes records meaningfully discussing the DEA’s authority to permit or facilitate the querying of relevant databases by state, local, tribal, or private entities, or by other federal entities, insofar as such querying may reveal the existence of data originally obtained pursuant to Section 702 or Executive Order 12333. c. It further includes the DEA’s authority to permit or facilitate the viewing of data originally obtained pursuant to Section 702 or Executive Order 12333, where state, local, tribal, private, or other federal entities become aware of the existence of the data (e.g., by conducting a search in a database) but are not able or permitted to view it without further authorization. 4. FISC materials that meaningfully discuss or address the DEA’s authority to receive, disseminate, retain, minimize, use, query, or obtain or grant permission to query communications or related data the US government has obtained pursuant to Section 702 or Executive Order 12333. a. This request includes (but is not limited to) records meaningfully discussing the DEA’s treatment of data accessible to, made available to, or disseminated by it through fusion centers, joint task forces, the SOD, EPIC, or databases such as CrissCross/Proton, IC Reach, DICE, Merlin, or Compass. b. It also includes records meaningfully discussing the DEA’s authority to permit or facilitate the querying of relevant databases by state, local, tribal, or private entities, or by other federal entities, insofar as such querying may reveal the existence of data originally obtained pursuant to Section 702 or Executive Order 12333. c. It further includes the DEA’s authority to permit or facilitate the viewing of data originally obtained pursuant to Section 702 or Executive Order 12333, where state, local, tribal, private, or other federal entities become 2 aware of the existence of the data (e.g., by conducting a search in a database) but are not able or permitted to view it without further authorization. 5. Formal, final, or implemented legal opinions and determinations, procedures, policies, training materials, and memoranda of agreement (with appendices where applicable) concerning the DEA’s ability to request raw signals intelligence the National Security Agency/Central Security Service (“NSA”) has acquired pursuant to Executive Order 12333. 6. Formal, final, or implemented legal opinions and determinations, policies, and procedures that concern any ability on the part of the DEA to nominate targets for communications surveillance under Section 702 or Executive Order 12333 to the NSA or Federal Bureau of Investigation (“FBI”). 7. Formal, final, or implemented legal opinions and determinations, procedures, policies, training materials, and memoranda of agreement concerning the DEA’s treatment of communications and related data belonging to United States persons that has been acquired pursuant to Section 702 or Executive Order 12333. a. This request includes but is not limited to the DEA’s treatment of US persons’ communications and related data when undertaking deconfliction activities. 8. Formal, final, or implemented legal opinions and determinations, policies, and procedures that concern the DEA’s treatment of attorney-client communications or related data that the US government originally obtained pursuant to Section 702 or Executive Order 12333. 9. Formal, final, or implemented legal opinions and determinations, policies, and procedures that concern the DEA’s use of attorneys’, journalists’, or medical professionals’ identifiers (for example, e-mail addresses, or telephone numbers) as selectors or query terms for the purposes of acquiring, collecting, or querying data pursuant to Section 702 or Executive Order 12333. 10. Formal, final, or implemented legal opinions and determinations, policies, procedures, and FISC materials that meaningfully discuss or address whether information related to drug offenses, related offenses such as money laundering, diversion control, or other matters that fall within the scope of the DEA’s mission qualifies as “foreign intelligence” or “foreign intelligence information” for the purposes of the Foreign Intelligence Surveillance Act or Executive Order 12333. 11. Formal, final, or implemented legal opinions and determinations, policies, procedures, training materials, and FISC materials that concern
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