With the exception of Qwest, all the major telecommunication companies have been turning over the information without warrants to NSA for them to use God knows how. If you don't think it's illegal, consider what they told Qwest while trying to get them on board. From USA Today:
Unable to get comfortable with what NSA was proposing, Qwest's lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.
The NSA's explanation did little to satisfy Qwest's lawyers. "They told (Qwest) they didn't want to do that because FISA might not agree with them," one person recalled. For similar reasons, this person said, NSA rejected Qwest's suggestion of getting a letter of authorization from the U.S. attorney general's office. A second person confirmed this version of events.
That's the Bush administration in a nut shell. The rule of law only applies when it is convenient. I mean really convenient, the FISA court is about as much of a rubber stamp court as you find. If you're worried they might reject your request, you probably crossed the line a few miles back.
Sidenotes: It's gotta suck to be scooped by USA Today. How far has journalism sunk? Oh, and kudos to Qwest for telling the NSA to fuck off.
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