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I believe that it will eventually come out that one of the reasons Bush circumvented the FISA courts will be that the NSA has developed technological advances in datamining of some sort or another. Bush probably wanted to expand the use of these new capabilities in a way that would be severely impeded by the current approval process (not to mention my suspicion that he also wanted to target political/ideological opponents and groups), and so he went ahead and told them to do it sans-warrants. I'm sure this new technology will become a component to the White House's defense in the court of public opinion. Hopefully enough people in the media and Congress will point out that Bush should have appealed to Congress to rewrite the laws to accomodate any technological advances and still maintain the NSA and FISA's established levels of accountability.
