as 56,000 e-mailed communications while it was trying to track foreign terrorists. the court criticized the agency for misrepresenting the scale of its spying practices. judge john bates wrote, quote, this court is troubled that the government's revelations marks the third instance in less than three years in which the government has disclosed a substantial misrepresentation regarding the scope of a major collection program, end quote. nsa officials said the agency's activities were lawful and any mistakes were largely