“The President’s recent initiative under Presidential Policy Directive 28 on Signals Intelligence (PPD-28) 439 will further address the extent to which non-US persons should be afforded the same protections as US persons under US surveillance laws.

Because PPD-28 invites the PCLOB to be involved in its implementation, the board has concluded that it can make its most productive contribution in assessing these issues in the context of the PPD-28 review process,” it said.

The definition of foreign intelligence information purposes is limited to protecting against actual or potential attacks, protecting against international terrorism, and proliferation of weapons of mass destruction, conducting counter-intelligence, and collecting information with respect to a foreign power or foreign territory that concerns US national defence or foreign affairs, the report said.

According to the board, the executive branch is currently engaged in an extensive review of the extent to which, as a policy matter, the United States should afford all persons, regardless of nationality, a common baseline level of privacy protections in connection with foreign intelligence surveillance.

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