The Defendants' Answer to Plaintiff's First Amended Complaint in this action, filed on October 16, 2017.
Bulk: To copy or review internet communications in large quantity without prior application of selectors, or other identifiers associated with specific targets of Upstream surveillance.
Circuit: The term "Circuit" has the ordinary meaning of that term within the telecommunications industry as understood by the Defendants in the context of Upstream surveillance.
Communication: The term "Communication" means information transmitted by any means, whether orally, electronically, by document, or otherwise.
Concern or Concerning: The terms "Concern" and "Concerning" mean relating to, referring to, describing, evidencing, constituting, reflecting, memorializing, identifying, embodying, pertaining to, commenting on, discussing, analyzing, considering, containing, consisting of, indicating, supporting, refuting, or connected to.
Copy: The term "Copy" means to duplicate a piece of data (for any duration, no matter how brief).
Describe: The term "Describe" means to provide a narrative statement or description of the specific facts or matters to which an Interrogatory refers, including, but not limited to, an identification of all persons, communications, acts, transactions, events, agreements, recommendations, and documents used, necessary, or desirable to support such statement or make the description complete.
Document: The term "Document" shall have the broadest meaning ascribed to that term in Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001. The term also includes any parent or child attachment or other documents embedded or linked in any way to a requested document. A draft or non-identical copy is a separate document within the meaning of the term "Document."
Identify (with respect to persons): When referring to a person, to "Identify" means to state the person's full name, present or last known address, and, when referring to a natural person, the present or last known place of employment. If the business and home telephone numbers are known to the answering party, and if the person is not a party or present employee of a party, said telephone numbers shall be provided. Once a person has been identified in accordance with this subparagraph, only the name of the person need be listed in response to subsequent discovery requesting the identification of that person.
Identify (with respect to documents): When referring to documents, to "Identify" means to state the: (i) type of document; (ii) general subject matter; (iii) date of the document; and (iv) author(s), addressee(s), and recipient(s); or, alternatively, to produce the document.
Interacted With [as modified]: The term "Interacted With" means to have used a device to copy, filter, or review an internet communication or internet transaction while such communication or transaction is being transmitted or while the communication or transaction is being stored, other than as necessary to transmit or store the communication or transaction in the ordinary course of its transmission or storage.
International Communication: The term "International Communication" means an internet communication between at least one party in the United States and at least one party outside the United States.
Internet Backbone: The term "Internet Backbone" means the set of high capacity cables, switches, and routers that facilitates both domestic and international internet communication by parties connected to it. The Internet Backbone includes, but is not limited to, the international submarine cables that carry internet communications.
Internet Communication: The term "Internet Communication" means a series of related packets that are sent from a particular source to a particular destination that together constitute a message of some sort, including but not limited to an email message, an HTTP request, or an HTTP response.
Internet Packet: The term "Internet Packet" means a discrete chunk of information transmitted across the Internet. All internet communications are split into one or more internet packets. Each internet packet contains a source and destination Internet Protocol ("IP") address and some payload.
Internet Transaction: The term "Internet Transaction" has the same meaning as "internet transaction" within the PCLOB Report at pages 39 and 125 and note 517.
NSA: The terms "National Security Agency" and "NSA" include any department, office, entity, officer, employee, agent, representative, attorney, consultant, or contractor thereof, as well as telecommunication providers acting at the NSA's direction.
Parties: The terms "Plaintiff" and "Defendant," as well as a party's full or abbreviated name or a pronoun referring to a party, mean that party and its officers, directors, employees, agents, representatives, attorneys, consultants, and contractors. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation or to limit the Court's jurisdiction to enter any appropriate order.
Person: The term "Person" is defined as any natural person or any business, legal or governmental entity, or association.
Process: The term "Process" has the same meaning as "process," "processed," or "processing" within the July 2014 Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, As Amended, available at https://www.dni.gov/files/documents/0928/2014%20NSA%20702%20Minimization%20Procedu
Retain: The term "Retain" has the same meaning as "retain," "retained," or "retention" within the 2014 NSA Minimization Procedures.
Review [as modified]: The term "Review" means to examine, scan, screen, monitor, analyze, or gather information about the contents of.
Selector: The term "Selector" has the same meaning as "selector" within the 2014 NSA Minimization Procedures.
Target: The term "Target" means the subjects who are "targeted" pursuant to 50 U.S.C. § 1881a.
United States: When used as a term of geographic location, "United States" means all areas under the territorial sovereignty of the United States.
Wholly Domestic Communication: The term "Wholly Domestic Communication" means an internet communication whose origin and final destination are both located within the United States.
You/Your: The terms "You" or "Your" include the defendant agency, and department, office, entity, officer, employee, agent, representative, attorney, consultant, or contractor thereof.
