It seems the long battle is still being hard fought despite a setback earlier on in the year.http://arstechnica.com/news.ars/post/20081203-government-eff-spar-in-court-over-telecom-immunity.html
Lawyers for the Electronic Frontier Foundation faced off against government attorneys Tuesday, as Judge Vaughn Walker heard arguments in a legal fight over telecoms' role in warrantless wiretapping that began almost three years ago. At issue is the constitutionality of the FISA Amendments Act, passed by Congress this summer, which could end the suit against the telecoms by retroactively immunizing them for their participation in the controversial National Security Agency eavesdropping program.
During what EFF attorney Kevin Bankston described as "two hours of intensive questioning," the bulk of Judge Walker's queries were directed toward the government. Walker voiced particular concerns about whether the FAA gives the attorney general "carte blanche to immunize anyone who in his judgment or view should be immunized from possible liability." Under the statute, immunity is contingent on the attorney general's certification that a particular carrier either didn't participate in the NSA program, or did so pursuant to a written request indicating that the program had been determined to be lawful.
Its great to see the EFF battling on in this way, and I,m sure while they may not be able to drag the government to account over this case, it will at least send out the message that underhand activity that is illegal will be reported even if the government subsequently change to law to make the exposed activity legal, this is one of the great aspects of democracy and should be jealously guarded.