As a result of a Freedom of Information Act lawsuit, EPIC has obtained previously secret training slides from the Office of the Director of National Intelligence detailing the agency's guidelines for collection, dissemination, and retention of information about United States citizens. EPIC had sued the agency after it failed to respond to several FOIAt requests about the agency’s plan to increase data collection on Americans. The documents just obtained by EPIC as a result of the lawsuit outline policies for collecting data and shed light on the legal standard to retain data indefinitely. The guidelines allow for unlimited retention of information about U.S. persons if there is a "reasonable and articulable suspicion" that the information is terrorism information. The agency concedes that "there is no requirement that the analyst's wisdom be rock solid or infallible" and allows retention "even if the facts individually appear innocent in nature." EPIC is still seeking documents about the agency's information sharing agreements, privacy protections, and mechanisms to correct errors in databases. For more information, see EPIC v. ODNI.
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Communications Law and Policy
Jerry Kang and Alan Butler