The NSA Can't Tell the Difference Between an American and a Foreigner

The National Security Agency has said for years that its global surveillance apparatus is only aimed at foreigners, and that ordinary Americans are only captured by accident. There's only one problem with this long-standing contention, people who've worked within the system say: it's more-or-less technically impossible to keep average Americans out of the surveillance driftnet.

"There is physically no way to ensure that you're only gathering U.S. person e-mails," said a telecommunications executive who has implemented U.S. government orders to collect data on foreign targets. "The system doesn't make any distinction about the nationality" of the individual who sent the message. While it's technically true that the NSA is not "targeting" the communications of Americans without a warrant, this is a narrow and legalistic statement. It belies the vast and indiscriminate scooping up of records on Americans' phone calls, e-mails, and Internet communications that has occurred for more than a decade under the cover of "foreign intelligence" gathering.