What challenge?

The ACLU has filed a lawsuit challenging FBI rights under the PATRIOT ACT, but, according to the provisions in the PATRIOT ACT, were barred from telling you about it.

"It is remarkable that a gag provision in the Patriot Act kept the public in the dark about the mere fact that a constitutional challenge had been filed in court," Ann Beeson, the ACLU's associate legal director, said in a statement. "President Bush can talk about extending the life of the Patriot Act, but the ACLU is still gagged from discussing details of our challenge to it."

  WaPO article

...but, hey....