Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.
The emerging approach, described by current and former government officials in advance of Obamas widely anticipated speech, suggested a president trying to straddle a difficult line in hopes of placating foreign leaders and advocates of civil liberties without a backlash from national security agencies.
The decision to provide additional privacy protections for non-American citizens or residents, for instance, largely codifies existing practices but will be followed by a 180-day study by the director of national intelligence about whether to go further. Likewise, instead of taking the storage of bulk data out of government hands, as recommended by a review panel he appointed, Obama will leave it in place for now and ask lawmakers to weigh in.
The blend of decisions, to be outlined in a speech at the Justice Department and in a presidential guidelines memorandum, will be Obamas highest-profile response to the disclosures about the National Security Agency made in recent months by Edward J Snowden, a former NSA contractor who has fled to Russia.
But as intelligence officials have sorted through Obamas evolving position, they have been divided about how significant his adjustments will be.
Some officials complained that the changes will add layers of cumbersome procedure that will hinder the hunt for potential terrorists, while others expressed relief that Obama is not going further and confidence that they could still work within the new guidelines without sacrificing much.
Is it cosmetic or is there a real thumb on the scale in a different direction asked one former government official who worked on intelligence issues. Thats the question.
The White House said the presidents review is incomplete and would not comment further Tuesday.
- PETER BAKER & CHARLIE SAVAGE