From: Representative Mike Kelly PA03MKIMA@mail.house.

gov
Subject: Responding to your message
Date: October 6, 2014 at 4:21 PM
To: rett.fuhrman@gmail.com

October 6, 2014



Dear Rett,

Thank you for contacting me regarding reports of overreach and a lack of transparency within the National Security Agency (NSA).
I greatly appreciate your taking the time to contact me concerning this important matter.

Recently, the NSA acknowledged its warrant for meta-data, phone numbers, time and duration of calls, and phone locations on
Verizon calls. According to the Foreign Intelligence Surveillance Court (FISC) at issue, Verizon is required, on an "ongoing, daily
basis" to give the NSA information on all phone calls that occur within its system, allowing the Agency to access information on all
domestic and international phone calls that occur within its system, even for American citizens with no known ties to criminals or
terrorists. According to the Agency, the order allows the connecting of dots, which facilitates the identication of terrorist
organizations necessary to prevent further attacks. The order does not include the contents of conversations, and the NSA
maintains that the Agency cannot listen to or record calls.

The action, based on a FISC warrant, was issued on April 25, 2013 and remains in effect through July 19, 2013. The FISC was
created under the Foreign Intelligence Surveillance Act of 1978 (FISA), which was intended to be used to acquire foreign
intelligence information between foreign powers. In 2001, FISA was amended to create a procedure under which the FBI may
apply to the FISC for an order compelling a person to produce "any tangible thing," such as records held by a telecommunications
provider. However, the application must contain a statement of facts showing that there are reasonable grounds to believe
that the tangible things sought are relevant to a foreign intelligence, international terrorism, or espionage investigation.

In light of recent revelations regarding other intrusive government policies, many Americans are also expressing concern regarding
the NSA's PRISM program, an internal government computer system used to facilitate the authorized collection of foreign
intelligence information from electronic communication service providers under court supervision. The collection of the online data
of people outside the United States was approved by the FISC, and conducted with the knowledge of the Internet companies.
Information gathering efforts involve companies including Google, Facebook, Apple, and Microsoft. The government has
maintained that it does not, however, have direct access to their servers.

PRISM has reportedly been useful to counterterrorism efforts and I, like most Americans, support efforts to lawfully protect our
nation's security. However, the Bill of Rights ensures that the liberties of law-abiding Americans are shielded from government
abuse of power. From the founding of our nation to the present-day, no generation has inherited a world freed from the enemies of
liberty, and the specter posed by making that trade-off has always existeda reality that caused Benjamin Franklin to declare
that "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety."

While law enforcement and the intelligence community should have the resources necessary to combat terrorism, their actions must
be constrained within the bounds of the Constitution. Congress has a duty to conduct vigorous oversight of the Executive branch,
and you can rest assured that I will continue to pursue responsible oversight of the Administration's actions to ensure they are
within the bounds of the Constitution.

Again, thank you for contacting me regarding this important issue. Please do not hesitate to contact me or my staff if I can be of
assistance in the future. It is an honor and privilege to serve Western Pennsylvania in the United States Congress.

If you would like to receive regular updates from me on this issue and others, please subscribe to my newsletter
at www.kelly.house.gov.

Sincerely,

Mike Kelly
Member of Congress
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