You have to love the manner in which the decision was made. Reading the decision I have to wonder how one can prove they were being under surveillance if it is illegal for anyone involved to reveal that someone or some organization was under surveillance. The "Sealed Document" was excluded from evidence for the plaintiffs in this case (the Feds shouldn't have furnished it). I guess its okay to do domestic spying because one cannot prove it happened nor can one claim any damages because nothing can be accepted as evidence as it is all State secrets and if by chance one has such evidence they are committing a federal crime! Whats next for America?
The same thing is happening at the ISP level. The national security letters from the FBI demand not only monitoring, but prohibit the company from disclosing it's existence, even in court. Its a nice little loophole for the Government.