We all voluntarily agreed to be tapped

The Bush administration is now arguing that the NSA program was perfectly legal because the American people voluntarily agreed by signing a consent form when the established the phone or internet account:

The fine print of many telephone and Internet service contracts includes catchall provisions, the lawyer said, authorizing the company to disclose such records to protect public safety or national security, or in compliance with a lawful government request.

Seems to me, the issue is whether this was a lawful government request. From what I can tell, the answer is no.