The difficulty of distinguishing between e-mail messages involving foreigners from those involving Americans was “one of the main things that drove” the Bush administration to push for a more flexible law in 2008, said Kenneth L. Wainstein, the homeland security adviser under President George W. Bush. That measure, which also resolved the long controversy over N.S.A.’s program of wiretapping without warrants by offering immunity to telecommunications companies, tacitly acknowledged that some amount of Americans’ e-mail would inevitably be captured by the N.S.A.But it's okay. Collecting millions of e-mails over the last several years is only done to protect you from yourself. Also, I'm sure President Obama will put an end to the practice any day now.But even before that, the agency appears to have tolerated significant collection and examination of domestic e-mail messages without warrants, according to the former analyst, who spoke only on condition of anonymity.
He said he and other analysts were trained to use a secret database, code-named Pinwale, in 2005 that archived foreign and domestic e-mail messages. He said Pinwale allowed N.S.A. analysts to read large volumes of e-mail messages to and from Americans as long as they fell within certain limits — no more than 30 percent of any database search, he recalled being told — and Americans were not explicitly singled out in the searches.
The former analyst added that his instructors had warned against committing any abuses, telling his class that another analyst had been investigated because he had improperly accessed the personal e-mail of former President Bill Clinton.
Other intelligence officials confirmed the existence of the Pinwale e-mail database, but declined to provide further details.
The recent concerns about N.S.A.’s domestic e-mail collection follow years of unresolved legal and operational concerns within the government over the issue. Current and former officials now say that the tracing of vast amounts of American e-mail traffic was at the heart of a crisis in 2004 at the hospital bedside of John Ashcroft, then the attorney general, as top Justice Department aides staged a near revolt over what they viewed as possibly illegal aspects of the N.S.A.’s surveillance operations.
But considering 90% of e-mail is spam, is the NSA actually, you know, getting good information?
Yep.
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