Yochai Benkler :
After the Westgate Mall attack in Nairobi, few would argue that al-Shabaab is not a terrorist organization. But al-Shabaab is involved in a local war, and is not invested in attacking the US homeland. The indictment against Moalin explicitly stated that al-Shabaab's enemies were the present Somali government and "its Ethiopian and African Union supporters". Perhaps, it makes sense for prosecutors to pursue Somali Americans for doing essentially what some Irish Americans did to help the IRA; perhaps not. But this single successful prosecution, under a vague criminal statute, which stopped a few thousand dollars from reaching one side in a local conflict in the Horn of Africa, is the sole success story for the NSA bulk domestic surveillance program.