Solitair is correct, it won't matter until the Federal Supreme Court rules on this issue. It is somewhat similar to homosexual marriage, just because one judge says it, it doesn't make it law.
It is the fault of the politicians for not reading and then criticizing, rather than criticizing it as though they were tricked into something.
If they opposed it, they should of stood up and say so as it is there obligation and duty, especially in a Democratic-Republic society.
Also, the idea behind the surveillance gathering techniques is to gain intelligence from people that very well may do serious harm to the masses in a terrorist like fashion.
When intelligence agencies collect this information, they may only use it to stop terrorist incidents but may not use the evidence they previously gathered in a court of law.
Unless it was previously granted by a warrant, but if a warrant was established later it may not become retroactive.
Its a really good idea behind The Patriot Act but there are some things to change to in it, as with every measure, bill, act and law.
The thing is, Americans needed something to protect themselves all of sudden and especially right after September 11th happened when attacks continued, such as the anthrax sent through the mail.