And no, it doesn’t look like the ABA is going to try to do anything about it.
[W]e request your support in preserving fundamental attorney-client privilege protections for all clients and ensuring that the proper policies and procedures are in place at NSA to prevent the erosion of this important legal principle.
Monday, according to the ABA Journal, NSA chief Keith Alexander sent a response (pdf), in which he acknowledged the NSA is scooping up attorney-client communications, but said that it is “affording appropriate protection” to those communications.
NSA has afforded, and will continue to afford, appropriate protection to privileged attorney-client communications acquired during its lawful foreign intelligence mission.
That protection apparently includes trying to ignore communications between an attorney and a client, if the NSA happens to notice.
Ass covered, Silkenat issued a written statement that says nothing, and that’s probably the end of that.