ruling yesterday against the American Civil Liberties Union. If they can't prove they've been tapped, they have no standing. And they can't prove they've been tapped, because the federal government doesn't have to hand over the records.
I guess that leaves the guy who was accidentally handed the records that he'd been illegally tapped. In August 2004, Washington D.C. attorney Wendell Belew was given some documents in a case he was working on; in the slew of papers was a document set marked "top secret." It was a log of phone calls -- his phone calls -- that the NSA had tapped.
Later, agents from the FBI came to Mr. Belew and forced him to give back the documents.
Guess we'll just have to see how this pans out.
Meanwhile, the rest of us can just assume that all our electronic communications are being monitored.
Welcome to the New United States.