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→Executive Order 12333
Snowden, who is being sought by U.S. authorities for leaking classified information and is now in [[Russia]], was the catalyst that exposed the vast authority of the NSA by revealing how the agency is capable of retrieving and storing vast amounts of what Americans considered private communications in their servers."<ref>http://circa.com/politics/some-us-intelligence-officials-want-trump-to-rescind-obamas-expansion-of-nsa-data</ref>
Snowden, who is being sought by U.S. authorities for leaking classified information and is now in [[Russia]], was the catalyst that exposed the vast authority of the NSA by revealing how the agency is capable of retrieving and storing vast amounts of what Americans considered private communications in their servers."<ref>http://circa.com/politics/some-us-intelligence-officials-want-trump-to-rescind-obamas-expansion-of-nsa-data</ref>
===Wiretaping===
[[File:Obama wiretapping poster.jpg|right|200px]]
Liza Goitein of the Brennan Center for Justice explains the legal avenues under which the Obama administration pursued wiretaps on American citizens:<ref>https://www.brennancenter.org/blog/how-spy-president</ref>
*If the government has probable cause to believe that the American is involved in criminal activity, the government can obtain a traditional warrant for electronic surveillance (generally called a “Title III order”) from a magistrate judge.
*If, instead, the government has probable cause to believe that an American—or any non-citizen who is located inside the United States—is an agent of a foreign power, it can obtain an order from the so-called “FISA Court” (known as a “Title I FISA order”) to conduct surveillance for foreign intelligence purposes.
*Americans’ communications may also be acquired indirectly. Under Section 702 of the [[Foreign Intelligence Surveillance Act]] (“FISA”), if the target of surveillance is a foreigner overseas, the government, acting inside the United States, can acquire all of the target’s communications, including all of his communications with Americans, without any individualized court order. The FISA Court must approve the broad contours of the program, but it does not sign off on targeting decisions. There are even fewer constraints on foreign intelligence surveillance conducted overseas under Executive Order 12333.<ref>
https://www.archives.gov/federal-register/codification/executive-order/12333.html</ref>
*Under both Section 702 and Executive Order 12333, various rules require the government to redact or delete any information about Americans (minimization procedures or masking) “incidentally” acquired during the warrantless surveillance. However, there are several exceptions. For instance, information about Americans that is necessary to understand foreign intelligence or that is evidence of a crime may be kept and shared. Moreover, once the government has collected the communications, it may search them for information about Americans, which (in the case of information obtained under Section 702) can be used in ordinary criminal cases as well as national security investigations.
==Unmasking==
==Unmasking==