End-run around CALEA lawsuits?

So apparently the FBI is following through on trying to make the FCC interpretations to CALEA fully legal. I think this was expected given that when upholding the interpretation on a general challenge the court said "an aggrieved party can bring a petition for review at that time." Of course the government is going to try to make sure that when it gets challenged it will stand. They'd try this whether or not the appeal stands.

Besides the privacy (instant remote access is insufficient barrier to improper searching) and cost (network owners have to pay for replacing everything and possibly external bandwidth) reasons, who is going to make sure it's secure so something like this doesn't happen. Especially after things like this.