In a 2-1 ruling, the 6th District Court of Appeals decided to dismiss the case brought against the NSA by the ACLU with a wiretapping accusation. The ACLU’s filing declared that they were the targets of a focused NSA wiretapping effort. However, as the burden of proof loomed, the ACLU could not conclusively prove that the NSA was spying on ACLU matters.
However, with warrantless wiretapping afoot (As Ars notes), nobody’s quite sure how one could gather appropriate proof anyhow. The ACLU is considering a jaunty trip to the US Supreme Court.
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