Someone who’s a US lawyer could explain - is it illegal for the NSA to make such a database, or is it just legally inadmissible in court? e.g. Is it that you could not be prosecuted on the data held by the NSA because it’s been gathered in a way that violates the 4th amendment, but that’s ‘OK’ because their data is only ever intended for extrajudicial process - Drone Strikes, Rendition, prosecutions in which a ‘clean’ route to the evidence could be constructed to allow plausible deniability of the use of the NSA database, or ‘terrorism’ cases where we’ve been programmed to accept that due process can be thrown out of the window because the accused are automatically subhuman and don’t deserve equal protection?
