a number of private companies now sell off-the-shelf data-mining solutions to government spies interested in analyzing mobile-phone calling records and real-time location information. These companies include ThorpeGlen, VASTech, Kommlabs, and Aqsacom--all of which sell "passive probing" data-mining services to governments around the world.

After describing all the ways that the government could legally collect real-time data on millions of U.S. citizens, Gidari said that essentially, the existence of such a program would likely remain a secret (barring a whistle-blower or leaks to the press by government officials).

Ohm said that Congress would not be too happy:

If [the sharing of data by niche telecom providers] is seen as allowing an end-around an otherwise clear prohibition in the SCA, Congress is likely to throw a fit when it is revealed and try to amend the law. DOJ is sensitive to this kind of thing (despite what the NSA wiretapping program would lead you to believe) and would probably try to avoid blatantly bypassing otherwise clear language in this way.