>> the information was available, the agencies just weren't sharing it. >> reporter: and the board says that controversial nsa program, revealed by leaker edward snowden, should not exist. >> it is unlawful in the majority of the board's view and should be shut down after a short transition period. >> reporter: the board says the patriot act doesn't give legal authority to collect phone records in bulk, as the white house argued, and said the program is a huge invasion of americans' privacy. it's a harsh rebuke on president obama's stance on intelligence gathering. in the wake of the report, the white house is again defending the program as legal and effective. >> we simply disagree with the board's analysis on the legality of the program. >> reporter: president obama has announced plans to take the phone data collection program away from the nsa and give it stricter oversight but not to end it. in an online chat today snowden said, quote, there is no justification for continuing an unconstitutional policy with a 0% success rate. the obama team says the phone