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Top secret documents submitted to the court that oversees surveillance by US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information "inadvertently" collected from domestic US communications without a warrant.

The documents detail the procedures the NSA is required to follow to target "non-US persons" under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance. The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used. The documents detail the circumstances in which data collected on US persons under the foreign intelligence authority must be destroyed, extensive steps analysts must take to try to check targets are outside the US, and reveals how US call records are used to help remove US citizens and residents from data collection.

However, alongside those provisions, the FISA court-approved policies allow the NSA to:

• Keep data that could potentially contain details of US persons for up to five years;
• Retain and make use of "inadvertently acquired" domestic communications if they contain usable intelligence, information on criminal activity, threat of harm to people or property, are encrypted, or are believed to contain any information relevant to cybersecurity;
• Preserve "foreign intelligence information" contained within attorney-client communications;
• Access the content of communications gathered from "U.S. based machine[s]" or phone numbers in order to establish if targets are located in the US, for the purposes of ceasing further surveillance.

[Commentary] The National Security Agency’s data-mining story has fundamentally changed the public’s picture of Silicon Valley and its relation to the state.

The Valley has, historically, kept as far away from Washington as possible. A strong, though not particularly ideological, strain of libertarianism appears to be coded into the DNA of computer engineers—a desire to be left alone to create beautiful systems that can be messed up only by the uncomprehending interference of mediocrities from the government. Partly as a result, information technology has been one of the country’s most lightly regulated industries. Last year, when Congress was poised to pass laws intended to protect intellectual property and prevent online piracy, tech companies, led by Google, struck back with one of the most effective lobbying tactics ever used: they shut down for a day. The effect was instantaneous—both bills went from easy sailing to overwhelming defeat. So much for that regulatory effort.

But the opposition between tech and government has been breaking down recently, and in ways not limited to the N.S.A. program. Silicon Valley was always aware of the downsides to a relationship with Washington, but now it knows more about potential positives, not just in the growing influence of tech money in political campaigns and tech endorsements of individual candidates but in industry-led advocacy efforts on issues like immigration reform, and in the idea of technology as a solution for chronic social problems. Now, it turns out, the biggest companies in the computer business—Microsoft, Yahoo, Google, Facebook, and Apple, among others—have been giving vast amounts of user data to the government’s chief surveillance agency, in some cases for years.

It is not just personal information that is being swept into the National Security Agency's (NSA) massive databases. It is corporate data as well. And that could cause some serious international blowback for the U.S., both politically and economically.

According to a number of security experts, the U.S. surveillance state --exposed more officially than ever before by former NSA consultant Edward Snowden -- will likely undercut the U.S.'s role and influence in Internet governance. "The revelations that have emerged will undoubtedly trigger a reaction abroad as policymakers and ordinary users realize the huge disadvantages of their dependence on U.S.-controlled networks in social media, cloud computing, and telecommunications, and of the formidable resources that are deployed by U.S. national security agencies to mine and monitor those networks," wrote Ron Deibert, a professor of political science at the University of Toronto.

The release of the Administration’s 2013 Joint Strategic Plan for Intellectual Property Enforcement builds on our efforts to protect intellectual property to date, and provides a roadmap for our work over the next three years.

In preparing the 2013 Joint Strategic Plan, we solicited public comment on how to improve our approach, and that public input was invaluable in drafting the final version of the Joint Strategic Plan. We will continue to seek public views on how to best promote and protect intellectual property rights. We will review our domestic legislation to make sure it is effective and up-to-date. We will look for ways to use technology better to make enforcement more efficient and targeted. We want to discourage infringement and encourage those that are appropriately building on the works of others to create new works, so we will educate authors on how fair use works to allow creation of new works. We will increase support for small and medium sized companies that are seeking to expand into foreign markets. And we will begin collecting information on labor conditions in the manufacture and distribution of counterfeit and pirated goods overseas.