Granted, this specific submission can be qualified as off-topic under the guidelines. But I seriously doubt this for any NSA-related submissions, given their impact on the whole US tech/startup sector.
The NSA submissions are more of a mixed bag. A lot of them are still not a good fit as they are more outrage than information, but yeah, a lot of them are relevant to the site. (I still think even the relevant stories have a negative impact on the signal:noise ratio by encouraging people to post important-but-irrelevant stories like this one, but you're right, the NSA stories do belong here.)