I quote "alleged" because both have already admitted to wiretapping conversations of American citizens (and others). The question is whether or not it was legal. According to our beloved Constitution it is illegal; regardless of any Executive Orders or other legalese kinds of B.S.
Good news in that we have a freedom loving District court judge (Judge Vaugn Walker - US District Court for the Norther District of California) that denied the government's motion for dismassal on the basis the case involved state secrets. Well, of course it involves state secrets, because it is illegal wire tapping...that's what they want to keep secret. He also denied AT&T's motion. Ha, take that you pansy asses, that's what you get for colluding with the NSA in illegal activities. Huge ups for Qwest Communications as the only phone provider with enough balls to stand up to the NSA.
News release here...http://www.eff.org/news/archives/2006_07.php
The bad news is that Judge Walker allowed an instant appeal to a higher court. He was too much of a girly-man to deal with it and wanted it out of his court. A move like this could lead to the case being stayed, or, in other words, in limbo.