yes, mr. hayden ...

From my buds at the Electronic Frontier Foundation (EFF):

Early Saturday morning, in the darkest hours of the night, the Department of Justice made good its threat to file a motion to dismiss our class-action lawsuit against AT&T, contending that AT&T's collaboration with the NSA's massive and illegal program to wiretap and data-mine Americans' communications (which violates the law and the privacy of its customers)--despite being front page news throughout the United States and the subject of government press conferences and Congressional hearings--is a state secret. The motion was accompanied by declarations by Lieutenant General Keith B. Alexander, Director, National Security Agency and John D. Negroponte, Director of National Intelligence. We will vigorously oppose this motion. Donate to EFF and help stop the illegal spying!

Here's an interesting scientific study done at MIT on the possibility of using tinfoil hats to avoid government eavesdropping. It's called "On the Effectiveness of Aluminium Foil Helmets: An Empirical Study". While, they're primarily concerned with brainwave capture, and the authors don't offer any solutions for those instances when your provider rolls on you, it does foretell a future when it won't be your phone they want to tap.

Here's a link to the tinfoil hat study.

For my part, I'm going to start copying the administration and top military and security officials on all of my communications just so they know what I'm up to. Or not up to, as the case may be.