In a 68-page ruling in Klayman vs. Obama, Judge Richard J. Leon of the District of Columbia said the National Security Agency program that is systematically keeping records of all Americans’ phone calls most likely violates the Constitution.

"The Government’s activities in electronically listening to and recording the petitioner’s words violated the privacy upon which he justifiably relied while using the telephone booth and thus constituted a ‘search and seizure’ within the meaning of the Fourth Amendment."  — from case opinion of Justice Potter Stewart in the 1967 Supreme Court ruling of Katz v. United States.

After the records from the FISA courts (somehow, someday) become publicly available, federal opinion should consider that expecting an individual’s phone or e-mail records to be private falls under general society’s “reasonable expectation of privacy”— not only because you have an IP address or cell phone number acting as a modern-day telephone booth door signaling privacy (as in Katz v. United States), but because you actually fucking pay for it.