When a complete set of CDRs are subpoenaed from the carrier, then all memorialized references to relevant and pertinent calls can be attributed to the carrier's records, thus "walling off" the information obtained from Hemisphere. In other words, Hemisphere can easily be protected if it is used as a pointer system to uncover relevant numbers.
"However, when the mention of Hemisphere data in official documentation or court testimony is unavoidable ... Hemisphere analysts might advise the investigator on issues such as report writing, presentation to the prosecutor, and the trial phase." (p14)
Just extraordinary.
If you work for an agency like the NSA or ONDCP as either a contractor or a full-time employee, and you're aware of a program like this, and you do not act to disclose it to the press and/or subvert it, then...
Hell, I'm not even going to finish that thought. If I do, it will seem redundant to someone with a conscience, and legally actionable otherwise.
The oath to protect the constitution against all enemies, both foreign and domestic should take precedence over any oaths to individual institutions that derive their raison d'etre from the Constitution itself. Without the Constitution, there is no United States of America. Without the United States of America, there is no Department of Defense. Without the DoD, there is no NSA or ONDCP.