Intellectual Property Law

Even after Congress drafted legislation last year that gave the National Security Agency broad powers to eavesdrop, the agency exceeded that authority and intercepted private e-mail messages and phone calls of Americans in recent months, according to The New York Times.

In 2008, after much controversy involving allegations of illegal spying on Americans, lawmakers passed the FISA Amendments Act. The act gave the NSA broad powers to siphon mammoth amounts of phone and internet traffic passing through domestic telecom networks without obtaining a court order, as long as the targets of the spying were believed to be outside the United States.

But according to the Times, the agency engaged in "overcollection" of "significant amounts" of domestic traffic. The alleged violation, described by sources as systemic, occurred because the agency had trouble distinguishing between domestic and overseas traffic, whether collected from U.S. telecom networks or the NSA's own spy satellites.

The revelations stem from reviews that the Justice Department is conducting into NSA activities. According to the Times, classified government briefings have been held in recent weeks to address the controversy and bring the NSA back into compliance. The Justice Department said that the "overcollection" problems had been resolved. Congressional intelligence committees say they're investigating the allegations.

Equally significant are allegations that prior to Congress broadening its powers, the NSA also considered eavesdropping on a member of Congress without court approval.

The unnamed congressman was traveling overseas at the time as part of a delegation to the Middle East in 2005 or 2006. The agency wanted to tap his conversations because he had contact with an extremist who was under surveillance for suspected terrorist ties. The Times reports that the plan was scrapped after complaints from intelligence officials who thought  spying on a congressman was taking things too far.

This information comes from separate inquiries the Justice Department was conducting into the agency's activities prior to President Barack Obama taking office. According to the Times, a senior FBI agent has offered evidence to the inspector general's office indicating that the NSA engaged in "significant misconduct" in the surveillance program by targeting Americans for eavesdropping without having sufficient evidence that they were tied to terrorist groups or activity.

UPDATE: Director of National Intelligence, Admiral Dennis Blair, responded to the eavesdropping allegations in a statement, which included the following:

Under these authorities the officers of the National Security Agency collect large amounts of international telecommunications, and under strict rules review and analyze some of them. These intercepts have played a vital role in many successes we have had in thwarting terrorist attacks since 9/11. On occasion NSA has made mistakes and intercepted the wrong communications. The numbers of these mistakes are very small in terms of our overall collection efforts, but each one is investigated, the Congress and the courts are notified, corrective measures are taken, and improvements are put in place to prevent reoccurrences.

Let me clear, I do not and will not support any surveillance activities that circumvent established processes for their lawful authorization and execution. Additionally, we go to great lengths to ensure that the privacy and civil liberties of U.S. persons are protected.

See also:

• NSA Should Oversee Cybersecurity, Intel Chief Says