Correct me if I'm wrong but a law enforcement agency can get a warrant to wiretap any American they please, if sufficient evidence is presented to constitute the warrant? So.....I really don't understand what was wrong with the incidental collection.
The leaks? Sure....bust em....lock them up. I wouldn't argue against it. I just know without leaks, many wrongdoings in DC wouldn't be uncovered.
A FISA warrant and a criminal warrant obviously are two different warrants. FISA deals with national security and terrorism. Probable cause is not required to get a FISA warrant unlike a criminal warrant. But if you pick up an American under FISA surveillance, the name must be protected and remain so. It is frequently required that the entire conversation of the American be redacted from the transcript. In fact, I do not believe the name can be disseminated to any other intelligence agency.
In a criminal warrant, obviously probable cause is required before a judge will issue that warrant. I am not an attorney so I do not know the rules of disclosure regarding the participants in that wire tap if one of the principles in that conversation is completely innocent.