The activists want to undermine the legitimate surveillance of foreign communications through litigation
You not only have no basis for that statement, but it borders on slanderous. All the "activists" that I am familiar with are motivated by the desire that the traditional rule of law extend to the executive branch and that any needed modifications to the FISA law are provided for by the normal political process that the Constitution requires.
The Bush administration's brazen desregard for not only the FISA law but also the Presidential Records Act and his declared intention to ignore any other portion of any statute which purports to regulate his own behavior or freedom to act, is more than adequate motivation for anyone who cares to see that the Constitutional balance of power is maintained.
The accusation that the EFF is motivated by either financial reward or the desire to inhibit intelligence collection is not only dishonest, but it undermines any legitimate arguments you would care to advance in defense of the current NSA program or the President's conduct.