Wiretaps:only people who know they have been wiretapped can sue ... but the identities of people whose communications have been intercepted is secret

Top court rejects ACLU domestic spying lawsuit | Supreme Court decision doesn't explain reason for turning down appeal | updated 1:40 p.m. CT, Tues., Feb. 19, 2008
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The justices, without comment, turned down an appeal from the American Civil Liberties Union to let it pursue a lawsuit against the program that began shortly after the Sept. 11 terror attacks.

The action underscored the difficulty of mounting a challenge to the eavesdropping, which remains classified and was confirmed by President Bush only after a newspaper article revealed its existence.
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ACLU says it's caught in 'Catch-22' situation
A federal judge in Detroit largely agreed, but the 6th U.S. Circuit Court of Appeals dismissed the suit, saying the plaintiffs could not prove their communications had been monitored and thus could not prove they had been harmed by the program.

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.

ACLU officials described the situation as a “Catch-22” because the government says the identities of people whose communications have been intercepted is secret. But only people who know they have been wiretapped can sue over the program. ...