http://www.securitypronews.com/insiderreports/insider/spn-49-20060721EFFLawsuitAgainstATTCanContinue.html

Well, it looks like the Bush administration found one judge who won't roll over and let state secrets immediately trump the right of the individual to be free from governmental intrusion. Note this isn't a complete victory for the plaintiffs, it just says that upfront, they won't dismiss it.  But it is a victory in that the government and the corporations that serve them can't immediately run and hide behind the mantra of state secrets to dismiss all claims.