Feds Drop Bomb on EFF Lawsuit

topic posted Sat, April 29, 2006 - 8:14 PM by  Tedster
Feds Drop Bomb on EFF Lawsuit

The federal government intends to invoke the rarely used "State Secrets Privilege" -- the legal equivalent of a nuclear bomb -- in the Electronic Frontier Foundation's class action lawsuit against AT&T that alleges the telecom collaborated with the government's secret spying on American citizens.

The State Secrets Privilege is a vestige from English common law that lets the executive branch step into a civil lawsuit and have it dismissed if the case might reveal information that puts national security at risk.

Today's assertion severely darkens the prospects of the EFF's lawsuit, which the organization had hoped would shine light on the extent of the Bush Administration's admitted warrantless spying on Americans.

The government is not admitting, however, that AT&T aided the National Security Agency in spying on American's phone calls and internet communications.

"[T]he fact that the United States will assert the state secrets privilege should
not be construed as a confirmation or denial of any of Plaintiffs¿ allegations, either about AT&T or the alleged surveillance activities," the filing reads. "When allegations are made about purported classified government activities or relationships, regardless of whether those allegations are accurate, the existence or non-existence of the activity or relationship is potentially a state secret."

The Justice Department has not formally invoked the privilege yet.

Today's notice was intended to inform Northern California US District Court Judge Vaughn Walker that the government was intending to assert the privilege in order to seek dismissal of the case.

The complete paperwork justifying the government's decision will be filed by May 12.

wiredblogs.tripod.com/27BStro...dex.blog
posted by:
Tedster
SF Bay Area
  • Re: Feds Drop Bomb on EFF Lawsuit

    Thu, May 11, 2006 - 7:35 AM
    While this is different, I believe, than the EFF lawsuit, it is an interesting read:

    NSA has massive database of Americans' phone calls
    www.usatoday.com/news/wash...-nsa_x.htm
    • Re: Feds Drop Bomb on EFF Lawsuit

      Thu, May 11, 2006 - 8:56 AM
      yeah, it'll be interesting to see what EFF has to say about this and how it'll affect their lawsuit.
      • Re: Feds Drop Bomb on EFF Lawsuit

        Thu, May 11, 2006 - 6:28 PM
        the story hit the front pages of even the USSA Today rag, and while i don't have specifics of how
        and/or by what angles , the EFF suit has not been wiped off the map... in fact it's gaining momentum.
        i think that feds thing attempts to drop on may 17th ??
        but should the story spill further out into wider public outcry, they could have a hard time wishing it away...
        + expect more major news outlets to pik this up 2morrow.

        from democracy now:
        Telecom Companies Helped NSA Spy on Millions of US Citizens
        Three of the country’s largest telecom companies have provided the National Security Agency with the phone call records of tens of millions of Americans. This according to a report in USA Today. One source with direct knowledge of the program called it “the largest database ever assembled in the world” whose goal is to collect a record of “every call ever made" within the United States. The Bush administration has insisted its spy program focuses solely on international calls. The companies -- AT&T, Verizon and BellSouth – have been under contract since after the 9/11 attacks. Only one major telecom company declined to participate in the program. The company, Qwest, reportedly asked the NSA to get FISA-court approval before it would hand over the records. The NSA refused. Although the program does not involve the direct monitoring of phone conservations, it amasses detailed records on who people have called and when they’ve called them. At least one company had already been implicated in the program. In a lawsuit filed by the Electronic Frontier Foundation earlier this year, former AT&T technician Mark Klein said AT&T has been working with the National Security Agency to spy on Americans. In addition to raising new questions about the extent of the NSA spy program and the companies involved, the disclosure also raises new questions about CIA Director-nominee Michael Hayden. Hayden headed the National Security Agency at the time the spy program was implemented. He declined USA Today’s request for comment.

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