$ openssl s_client -showcerts -connect rally.stopwatching.us:4431. http://www.nytimes.com/2013/07/06/opinion/lincolns-surveilla...
Such sustained surveillance - indefinitely - is simply unacceptable, and people need to fight back against it. If the nation really is at some sort of "long term war" with multiple enemies, then maybe the nation is doing something very wrong, and should look at the root cause of what's causing those enemies to react, rather than trying to fix the problem later with surveillance.
The problem is maintaining the war status quo is so very profitable for certain people and companies.
That case (wiretapping, advice against from Attorney General Robert Jackson) is different from the one tokenadult is referring to (intercepting telegrams, advice in favor from Assistant Solicitor General Charles Fahy).
But on the whole the history is also hopeful. A key idea from the article that really connects to me is "just as the book shows how that apparatus has been built up, it also tells a second story: of how public outrage, loud and sustained, can tear it back down." Countries have been in danger from external enemies before, and countries have been in danger from their own leaders and complacent citizens before. When the people mobilize, they can still rein in the government.
[1] From the article: "In his opinion, Assistant Solicitor General Charles Fahy had little hesitation about validating the president’s authority to intercept electronic communications to parties abroad. There was just one problem: The Supreme Court had explicitly held that the Communications Act barred such a move."