Fair is fair: I said "I want evidence the NSA is actually misusing data". We have that now.

[ProSense]

32. No doubt

"I also take Wyden's point that the loophole in FISA is big enough to drive a truck through, at times. Ultimately, this oversight system needs to be better and more transparent, as President Obama himself said."

...there needs to be FISA reforms.

Still, what the release shows is the back-and-forth between the NSA and the FISA court in addressing compliance issues.

Court opinions shed light on unlawful NSA email collection

Judges were concerned about privacy intrusions on Americans stemming from the NSA's Internet data collection for foreign intelligence, documents show.

<...>

The footnote described one of the other violations, which involved a different NSA program: the bulk collection of telephone calling records in the U.S. The NSA has amassed a huge database of so-called metadata for most telephone calls made in the country. The data include which numbers called which other numbers, the dates and times of calls and their duration...The violation the judge referred to was discovered in 2009 and apparently involved the process under which NSA analysts search the database looking for suspicious numbers.

<...>

In a 2009 letter to Congress declassified several weeks ago, the Justice Department described "technical compliance problems" with the telephone data-collection program that the department said did not amount to "bad faith violations."

In the ruling released Wednesday, Bates said the standards had been "frequently and systemically violated."

The third violation, according to a statement by James R. Clapper, director of national intelligence, involved the bulk collection of U.S. Internet metadata. That data-collection program was discontinued in 2011. The portions of the court opinion describing that program were blacked out.

- more -

http://www.latimes.com/nation/la-na-nsa-fisa-20130822,0,5634625.story

There were clearly compliance issues. The description of them as technical issues likely relate to the attempts to bring the program into compliance.

The fact that the program was discontinued likely indicates the inability fix the problems and bring the program into full compliance.