Three weeks or so ago, I noted the filing of a lawsuit by the EFF over alledged massive wiretapping by the NSA. The Feds are invoking common law privilege of "state's secrets" in an attempt to kill the suit.
Feel free to tell me to don an extra layer of tinfoil if you like, but I'm taking this as confirmation of what they've been up to.
(I'll also note how our government is perfectly happy to ignore the common law when it suits them, then use it when it suits them. I wonder if they'd do that with "real" laws?)