We've seen a departure from the traditional work of the National Security Agency. They've become sort of the national hacking agency, the national surveillance agency. And they've lost sight of the fact that everything they do is supposed to make us more secure as a nation and a society.

Lawyers from the NSA, as well as the UK's GCHQ, work very hard to search for loopholes in laws and constitutional protections that they can use to justify indiscriminate, dragnet surveillance operations that were at best unwittingly authorized by lawmakers.

People at civil-liberties organizations say it's a sea change, and that it's very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims - which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians.

It's fascinating to see how things have changed. Basically, every time the US government gets off the soapbox of the Sunday-morning talk shows, the average American's support for the surveillance revelations grows.

You can't come up against the world's most powerful intelligence agencies and not accept the risk.

Until we reform our laws and until we fix the excesses of these old policies that we inherited in the post-9/11 era, we're not going to be able to put the security back in the NSA.

The United States is more reliant on the technical systems. We're more reliant on the critical infrastructure of the internet than any other nation out there. And when there's such a low barrier to entering the domain of cyber-attacks we're starting a fight that we can't win.