It is still possible in the US to win against the government. Imagine that?
A US telecom company has successfully sued the FBI and obtained a court ruling that National Security demands for an individual's financial data are 'unconstitutional'.
These demands have been going out at the rate of 7,000 per year requiring telecoms companies to provide private data on their customers without disclosing to anyone that it is being done.
In future court oversight will be required - not that in the UK this safeguard would amount to much, especially with our government's moves towards more secret courts.
The San Francisco based Credo Mobile complained that many of these secret demands for information were no more than fishing expeditions for financial information and had nothing to do with national security. The court agreed.
No government can resist mis-applying a law - especially secret all-encompassing laws passed in a hurry with few safeguards and little or no outside scrutiny.