The New York Times reports George W. Bush Made Retroactive N.S.A. ‘Fix’ After Hospital Room Showdown.
"For example, Mr. Bush’s secret directives to the agency, starting in October 2001, said the N.S.A. could ‘acquire’ phone and email metadata — logs showing who contacted whom, but not what they said — if at least one end was foreign or if a specific message were linked to terrorism. But the agency was apparently gathering purely domestic metadata in bulk, too, the Justice Department found.
Mr. Bush, in response to the discrepancy identified by the Justice Department, declared that the N.S.A. was authorized to systematically collect the metadata of purely domestic communications, too, so long as analysts only looked at records linked to terrorism. He also declared that the agency had been authorized to do that all along."