A leaked memo apparently sets out the NSA's "talking points" to its defenders in government who are discussing the situation with the press and critics. Mike Masnick at TechDirt has a point-by-point rebuttal of what is, overall, a very weak document. It's almost as though the NSA has grown accustomed to getting its own way by sneaking around behind America's back and doing whatever it wants, rather than by setting out its case with compelling logic:
The news articles have been discussing what purports to be a classified, lawfully-authorized order that the Foreign Intelligence Surveillance Court (FISA Court) issued under an Act of Congress – the Foreign Intelligence Surveillance Act (FISA). Under this Act, the FISA Court authorized a collection of business records. There is no secret program involved here – it is strictly authorized by a U.S. statute.
"There is no secret program here"? Bullshit. Why, then, have so many people, both in the Congress and the public been shocked at the extent to which the NSA is snarfing up data? This is a secret program, enabled by a secret interpretation of the FISA Amendments Act, by the FISA Court, which the DOJ and the NSA insist the public is not allowed to know. Yes, it's a secret program. Saying otherwise is simply lying.