You can forget suing the NSA.
In a precedent-setting case, the Supreme Court rejected a challenge to the NSA’s telephone surveillance program. This is likely the first of many institutional court rejection.
This particular petition went directly to the Supreme Court, but there are dozens of cases lingering throughout the country in lower courts that remain unaddressed. The government claims that the surveillance program has been ongoing since at least 2006, and has repeatedly been authorized by the FISC.