http://www.eff.org/deeplinks/2009/04/oba...-than-bush
"THE OBAMA ADMINISTRATION HAS EMBRACED BUSH'S POSITION ON
WARANTLESS WIRETAPPING, and goes one step further than the
previous administration. In a motion to dismiss Jewel v.
NSA, the Obama Administration's Department of Justice (DOJ)
made two deeply troubling arguments.
First, they argued, exactly as the Bush Administration did
on countless occasions, that the state secrets privilege
requires the court to dismiss the issue out of hand. They
asserted that simply allowing the case to continue "would
cause exceptionally grave harm to national security." As in
the past, this is a blatant ploy to dismiss the litigation
without allowing the courts to consider the evidence.
Second, the DOJ claimed that the U.S. Government is
completely immune from litigation for illegal spying
because the USA PATRIOT Act renders the U.S. immune from
suit under the two remaining key federal surveillance laws:
the Wiretap Act and the Stored Communications Act. This is
a radical assertion that is utterly unprecedented. No one
-- not the White House, not the Justice Department, not any
member of Congress, and not the Bush Administration -- has
ever interpreted the law this way.
This isn't change we can believe in. This is change for the
worse."