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How does Executive Order (EO) 12333 come into play?

According to the ACLU, EO 12333 is the primary authority under which the NSA gathers foreign intelligence. Unlike a FISA warrant, it provides the government with the latitude to conduct sweeping surveillance on U.S. and non-U.S. persons without judicial review as long as the monitoring is necessary to protect U.S. interests from "foreign security threats," an umbrella term that likely permits the surveillance of any foreign person.

Besides its broad jurisdiction, EO 12333 "permits the retention and dissemination of both U.S. and non-U.S. person information" for up to five years, though it's also allowed to retain data permanently in numerous circumstances, such as if it relates to a crime (even retroactively), national security, or threatens the safety of a person or an entity.



EO 12333 has been a point of contention among lawmakers. Sen. Diane Feinstein, D-CA, once said that Congress has been unable to “sufficiently” oversee the executive order.

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External non-partisan entities challenge EO 12333



Citing civil liberties concerns,  external, non-partisan organizations have frequently highlighted the "flaws" of the law. In 2014, members of Congress and watchdog organizations sent a letter to the Obama administration expressing concerns about the government's surveillance activities conducted under EO 12333.