Here is the money quote:

In sum, the court holds that the state secrets privilege applies to Plaintiff’s data-mining claim and that claim is dismissed. The privilege, however, does not apply to Plaintiff’s remaining claims challenging the validity of the TSP, since the Plaintiffs are not relying on or requesting any classified information to support these claims and Defendants do no need any classified information to mount a defense against these claims. (p15)

I’m pretty convinced that the TSP is basically a big social networking data-mining project. If call doorslam who calls radiantfleet who then calls octal who is a known associate of Usama Bin Laden, and I call rjhatl who calls nietzscheslies who was last seen eating lunch with Mohammad Atta, then I’m probably involved with terrorists somehow and a file should be opened on me.

The Bush Administration has indicated that the programs doesn’t violate FISA which prohibits electronic eavesdropping. However, if my theory is correct, the TSP isn’t eavesdropping on the content on the calls but on the (if I may geek out for a moment) the headers of the calls. The To: and From: lines. In cop speak its called a pen register.