It may have been inadvertent, but the damage is done nonetheless.
It’s widely known that the NSA has taps connected to the various telco networks, thanks in large part to AT&T employee Mark Klein who blew the whistle on AT&T’s secret NSA room in San Francisco. What was unclear was exactly what kind of access the NSA had. Various groups like the EFF and CDT have both been asking the administration to finally come clean, in the name of transparency, if they’re tapping backbone networks to snarf up internet communications like email. So far, the administration has declined to elaborate. Back in August, when the FISA court declassified its ruling about NSA violations, the third footnote, though heavily redacted, did briefly discuss this “upstream” capability: