Jack Balkin points out that under the new Iraqi constitution (passed with the support of the Bush administration), the NSA spying program would be unconstitutional. According to Article 38:
The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision. [emphasis added]
MichaelZimmer.org 