But Kurt Opsahl, the Electronic Frontier Foundation’s (EFF's) general counsel, believes that's little more than a nod to CYA:
[It's] an attempt by the intelligence community to comply with the Fourth Amendment. But it doesn’t come from a court, it comes from the executive.
...and that there's nothing built into XKeyscore that would serve as a technical roadblock to illegal searches taking place in the first place:
The document discusses whether auditors will be happy or unhappy. This indicates that compliance will be achieved by after-the-fact auditing, not by preventing the search.