What about all of those breaches out there in the private sector? Do you think that none of that information makes it back to our intelligence? Do you think none of it is orchestrated by them (or at least funded by them... contracted out to to seedy firms).
6 Biggest Breaches Of 2012 So Far -- Dark Reading

From the people who brought you Stuxnet - Wikipedia, the free encyclopedia They may have some insider access to exploits, No?

Why is a private firm in control of something like this that would be so incredibly widespread? Carrier IQ - Wikipedia, the free encyclopedia

Also: Germany accused of using Trojan to spy on citizens | ZDNet

Do a google search on "Bundestrojaner light"

Even funnier is that I can no longer find the articles I've read on reputable websites about a remote access backdoor that SHIPPED installed on the iphone 4 in some european country without disclosure. Wow.

All of our info out there is up for their taking, the key is how can they use it without getting themselves in trouble. That is what all the current legislation is seeking to address.