The Lawfare article had an error that you reproduced. In the original, it's an 'and', not an 'or':
Limitations on the Collection of Foreign Intelligence in the United States. A Defense Intelligence Component may only collect foreign intelligence concerning U.S. persons in the United States if:
(1) The information is publicly available;
(2) The source of the information is advised or is otherwise aware that he or she is providing information to DoD or a Defense Intelligence Component; or
(3) The Defense Intelligence Component employs other sources or methods of collection in or directed at the United States and all of the following conditions are met:
(a) The foreign intelligence sought is significant and collection is not undertaken for the purpose of acquiring information about any U.S. person’s domestic activities.
(b) The foreign intelligence cannot be reasonably obtained from publicly available information or from sources who are advised, or are otherwise aware, that they are providing information to DoD or a Defense Intelligence Component.
(c) The Defense Intelligence Component head concerned or a single delegee has approved, as being consistent with this issuance, the use of techniques other than the collection of information from publicly available information or from sources who are advised or are otherwise aware that they are providing information to DoD or a Defense Intelligence Component. The Defense Intelligence Component will provide a copy of any such approval to the USD(I) and the DoD SIOO.
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This Article is Erroneous
The Lawfare article had an error that you reproduced. In the original, it's an 'and', not an 'or':
Limitations on the Collection of Foreign Intelligence in the United States. A Defense Intelligence Component may only collect foreign intelligence concerning U.S. persons in the United States if:
(1) The information is publicly available;
(2) The source of the information is advised or is otherwise aware that he or she is providing information to DoD or a Defense Intelligence Component; or
(3) The Defense Intelligence Component employs other sources or methods of collection in or directed at the United States and all of the following conditions are met:
(a) The foreign intelligence sought is significant and collection is not undertaken for the purpose of acquiring information about any U.S. person’s domestic activities.
(b) The foreign intelligence cannot be reasonably obtained from publicly available information or from sources who are advised, or are otherwise aware, that they are providing information to DoD or a Defense Intelligence Component.
(c) The Defense Intelligence Component head concerned or a single delegee has approved, as being consistent with this issuance, the use of techniques other than the collection of information from publicly available information or from sources who are advised or are otherwise aware that they are providing information to DoD or a Defense Intelligence Component. The Defense Intelligence Component will provide a copy of any such approval to the USD(I) and the DoD SIOO.