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From what i understand the thing they did wrong before was not the listening it was the warrents, or lack thereof. The law allows them to listen to phone calls that they suspect are terror based and that they don't need a warrent to do so. After they are done they are supposed to go to a judge and get a retroactive warrent to give proof as to why they were doing the tap. This allows the courts to keep a check on them. They are not going back and getting the warrents so there is nobody telling them if they are listening in on the correct things or not. All the "tweaking" in the world isn't going to change things if they don't follow the rules they have in place.
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