Dunno, but I'm switching
I do believe that there are Federal bank secrecy laws that prohibit banks from sharing client data, augmented in some states like California by stricter laws. I think some states protect telephone records, too.
Nevertheless, the issue is context. Bush's position isn't that this stuff has gone on all along, it's that he has extraordinary powers as President during a (definitionally-debatable) state of war, and can do what he damn well pleases. Last week it was the signing statements where he opts out of obeying laws he doesn't like by adding a footnote. That's what's bugging me and I think's bugging most people. I think he's milking the war on terror way too hard.