Bump for later read tomorrow; although I think it's a little over my head.
Whoever composed the summary I posted at 88 has accurately represented the case. I have to admit though, the case has an Alice in Wonderland aura about it. I say this due to the rationale given for concluding that a certain type of NSA surveillance is constitutional.
Jabara does not contend on appeal that the NSA's interception of his foreign telegraphic communications violated his fourth amendment rights, and therefore we may take as a given the proposition that the NSA lawfully received and was in possession of the communications.In short, the Court says that the interception is constitutional because Jabara didin't assert otherwise. "You snooze, you lose." Once lawfully intecepted, goes the case, the government is free to share the data with all enforcement agencies.