Undead Surveillance

Judge Denies Government and AT&T Motions to Dismiss NSA Case

A federal judge in San Francisco has rejected the Bush administration's bid to kill the EFF's class action lawsuit alleging that AT&T is cooperating in an illegal NSA surveillance program that monitors Americans' internet activities.

In a 72-page written decision (.pdf) issued Thursday, U.S. District Court chief judge Vaughn Walker rejected the government's argument that merely allowing the case to proceed would cause critical harm to U.S. national security -- a ruling that marks a significant victory for EFF, and puts a rare limitation on the reach of the president's "state secrets privilege" to sweep alleged illegal government activities under the cloak of national security...

The court also grazed the issue of whether the attorney general gave AT&T a letter certifying that the surveillance program complied with U.S. law. Such a letter would add another legal hurdle for EFF to clear before holding AT&T accountable.

The government claimed that the existence of non-existence of such a letter is itself a national security secret. But citing the government's disclosures about its surveillance operations, the judge said the AT&T should produce the letter, if it has one...

The court deferred to the government on one matter: the judge ordered that EFF can't compel AT&T to disclose whether or not the telecom participated in a separate program, first reported by USA Today, in which the NSA allegedly examines Americans' phone records without a warrant.

Walker also rejected AT&T's motion to dismiss. Among other things, the company claimed it had immunity from the law when acting on the request of the executive branch, citing its cooperation in President Nixon's wiretapping of political enemies.

The case, or portions of it, will likely be suspended while the government appeals.

AT&T co-operation with Tricky Dicky is used by it as a justification for helping Big Time Dick give us the weenie.

Let's get this straight: AT&T is supposed to co-operate if the government gave it legal documentation waiving it of responsibility for an illegal act, but can't be compelled to disclose if it did, or if in fact it co-operated... although it has in the past.

You realize, of course, AT&T's dirty deeds and corporate malice could live a long, long time.

Sound familiar?



Thanks to Defense Tech for the link, and MJS for the image.