NSA

From the USA Today article:

One major telecommunications company declined to participate in the program: Qwest.

According to sources familiar with the events, Qwest's CEO at the time, Joe Nacchio, was deeply troubled by the NSA's assertion that Qwest didn't need a court order - or approval under FISA - to proceed. Adding to the tension, Qwest was unclear about who, exactly, would have access to its customers' information and how that information might be used.

Oh good. Not only do you tell terrorists about the program, you also tell them how to avoid coming under scrutiny.

Unable to reach agreement, Nacchio's successor, Richard Notebaert, finally pulled the plug on the NSA talks in late 2004, the sources said.

The good news? Might be that there are some aspects of this that are still secret. I don't think that should deter Justice from thoroughly thrashing, stomping on, and eating alive whoever is responsible for this leak.