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EFF Case Against AT&T To Go Forward

Posted by Zonk on Thu Jul 20, 2006 05:34 PM
from the beauty dept.
Tyler Too writes "The NSA wiretap lawsuit filed by the EFF will apparently be moving forward. A federal judge has denied the government's request that the EFF's lawsuit against AT&T be dismissed. Among other things, the judge ruled that 'if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security.' The case will now move forward, pending a government appeal."
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[+] EFF Sues AT&T Over NSA Wiretapping 746 comments
Omega1045 writes "Cory Doctorow over at BoingBoing is reporting that the Electronic Frontier Foundation has just filed a lawsuit against AT&T for helping the National Security Agency execute illegal warrant-less wiretaps against American citizens. From the article: 'The lawsuits alleges that AT&T Corp. has opened its key telecommunications facilities and databases to direct access by the NSA and/or other government agencies, thereby disclosing to the government the contents of its customers' communications as well as detailed communications records about millions of its customers, including the lawsuit's class members.'"
[+] U.S. Government Moves To Dismiss EFF Case 219 comments
iny0urbrain writes "The New York Times reports that the US government has asked a federal judge to dismiss the Electronic Frontier Foundation's civil liberties lawsuit against the AT&T Corporation because 'of a possibility that military and state secrets would otherwise be disclosed.' The statement concludes by saying: 'Finally, because the United States intends to assert the state secrets privilege and file a dispositive motion to dismiss this action, the United States requests that discovery proceedings be deferred until the government's submission has been considered and heard.' You can view the full text of the government's statement of interest (PDF) on the EFF's website." Sorry, hadn't had my coffee yet this morning, and double posted this one. Sadly, the first one is a mere two stories down. It's also still pouring into the submissions bin, so I'm not the only one not yet awake.
[+] U.S. Government Intervenes in EFF vs. AT&T 463 comments
An anonymous reader writes "Reuters is reporting that the US government has 'filed a motion on Saturday to intervene and seek dismissal of a lawsuit by a civil liberties group against AT&T Inc. over a federal program to monitor U.S. communications.' More from the article: " In its motion seeking intervention, posted on the court's Web site, the government said the interests of the parties in the lawsuit "may well be in the disclosure of state secrets" in their effort to present their claims or defenses ... A hearing is scheduled for June 21 before federal Judge Vaughn Walker." You may recall a few weeks ago when the DOJ asked the judge to dismiss the case. They've now taken the next step required to quash this legal action.
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  • by Winckle (870180) <[mwinckle] [at] [gmail.com]> on Thursday July 20 2006, @05:37PM (#15752846) Homepage
    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Sounds like the "terrorists" might've won.

    But sounds good to me, but i'm a filthy liberal.
    • by Tackhead (54550) on Thursday July 20 2006, @05:50PM (#15752933)
      > Sounds like the "terrorists" might've won.

      <voice=texan>
      An' they hate us for our freedom. So...
      </voice>

      > But sounds good to me, but i'm a filthy liberal.

      <voice=texan>
      Yeah, it's all your fault! Fer six years some folks have been complaining that the government isn't listening to the people... an' now that it does, y'all are haulin' us into court for it! What gives?
      </voice>

        • by WhatAmIDoingHere (742870) * <sexwithanimals@gmail.com> on Thursday July 20 2006, @08:22PM (#15753796) Homepage
          My right to live my life without being molested on a constant basis by the government outweighs your right to not get blown up.
        • by blincoln (592401) on Thursday July 20 2006, @08:45PM (#15753886) Journal
          am not saying this to be mean or short-sighted but every time I see a very liberal person taklign about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been. Does it matter that they were talking about a recipe for fried chicken or a rendezvous at a restaurant? No.

          That's funny. Every time I hear a very stereotypically "conservative" American talking about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see Americans live under constant surveillance with no actual freedom than have one single person stand a chance of being killed (or even injured) by some nebulous "terrorist" bogeyman-of-the-week.

          The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with blind hatred of the Bush administration, and by extension, the military and intelligence communities.

          The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with a blind hatred of anything they perceive as "liberal."

          The issue here is not the NSA listening in on one particular person giving a recipe to a friend. It is the mentality that a surveillance society is a good thing. The NSA wiretaps are a product of that mentality, with the logical conclusion of it being totalitarianism. That is why people like me want to see programs like this smashed *now*, before they get even more out of hand.
        • Re:I Like His Logic (Score:5, Informative)

          by Beryllium Sphere(tm) (193358) on Thursday July 20 2006, @11:17PM (#15754402) Homepage Journal
          You say
          >they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been.
          Patrick Henry said
          "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!"
  • by Skyshadow (508) * on Thursday July 20 2006, @05:39PM (#15752855) Homepage
    I just got the EFF's "we're winning, now please donate more cash" spam and surfed over here to see if there were details. Scary how the two lined up so perfectly.

    So yeah, if you have a few bucks, they could probably use it. I realize it's only our basic liberties, but let's be honest -- if you don't donate your spare cash to the EFF, you're just going to waste it on booze.

  • Hmm... (Score:5, Funny)

    by Poromenos1 (830658) on Thursday July 20 2006, @05:39PM (#15752857) Homepage
    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!
    • Re:Hmm... (Score:5, Insightful)

      by Soko (17987) on Thursday July 20 2006, @05:48PM (#15752920) Homepage
      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      No, it's not like that. It's more like this:

      "If you have been truthful to previous investigaters about your involvement in this, you won't mind us investigating your pal over here for any wrong-doing on his part."

      The US Govt. tried to have the case against AT&T thrown out - not a case against itself. It's quite a diffrent matter.

      Soko
    • Re:Hmm... (Score:5, Insightful)

      by GigsVT (208848) on Thursday July 20 2006, @06:12PM (#15753070) Journal

      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      Absolutely.

      The government is supposed to be "surveilled" by the public. It is our responsibility to watch the government as closely as we can. It's not hypocritical to object to cameras on street corners but to lobby for cameras in police cars. They work for us, not the other way around.
  • by kravlor (597242) on Thursday July 20 2006, @05:39PM (#15752861) Homepage
    I certainly look forward to seeing just how much the phone companies have been aiding the NSA. With the abuses leaked regarding the "terrorist surveillence program" related to international phone calls, the warrantless surveilance of American citizens certainly needs to be dragged, kicking and screaming, into the light of day.
        • by AuMatar (183847) on Thursday July 20 2006, @06:17PM (#15753100)
          Intended to protect American citizens? Bullshit. Its intended to increase the powers of the government, its precisely *against* the founding principles of the US.

          Given that the wiretaps were specifically aimed at people who made calls to or received calls from known terrorist phone numbers


          No, they weren't. If thats all they were aimed at, the government would get a *warrant* against them. You know, like they've done hundreds of times in the past. The government was data mining the phone records of the *entire nation* not of specific people.

          On a side rant- known terrorists? Its been proven in a court of law? Or they confessed to it? No? Then they aren't known terrorist, they're *suspected* terrorists, and are innocent until proven guilty.

          Shame on them for this.


          Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.
          • by Anthony Boyd (242971) on Thursday July 20 2006, @09:21PM (#15754005) Homepage
            Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.

            My God. Your post makes me want to weep. Partly because I'm just so thrilled to see someone stand up for the Constitution is such stark terms. But partly because it's completely sad to think that a post like yours is rare enough to evoke such a reaction. :(

  • A First in History (Score:4, Interesting)

    by ToAllPointsWest (801684) on Thursday July 20 2006, @05:41PM (#15752875)
    AFAIK, the government has always gotten "national security" cases such as this thrown out of court, this change represents a very good historical first! The Right of Petition is still alive in the US!!!!
      • sad (Score:5, Insightful)

        by Anonymous Coward on Thursday July 20 2006, @06:36PM (#15753226)
        Is it so sad or what that it is in fact the two elected branches of government that are running the country into the ground while the other one with its appointments and life terms is the only thing standing in their way? I'm beginning to think people are really that stupid.
  • by N. Vander Ende (990045) on Thursday July 20 2006, @05:44PM (#15752894)
    It's nice to see the intended balance of power in our government begin to stabilize once more. When one or more sides start to get out of hand, the other side steps in! Sort of like rock-paper-scissors, but C-SPAN covers the matches. I eagerly await the incensed cries of "activist judges!"
  • by shuz (706678) on Thursday July 20 2006, @05:46PM (#15752905) Homepage Journal
    It is nice to see the Judicial branch keep the Executive branch in check. What's even nicer is that the lower court will have the power to see if the Executive branch has been telling the truth without going to the supreme court. As a US citizen I am comforted by this news.
  • I'm stupid (Score:5, Insightful)

    by Anonymous Coward on Thursday July 20 2006, @05:59PM (#15752993)
    I guess I'm stupid.

    I don't understand how invading a country protects my freedom. Or how, terrorists threaten my freedom. They can blow shit up all they want, but I still have freedom of speech and religion. Or how by violating our civil rights, our Government protects our freedom. How is this true??

    The only threat to my freedom has been my own Government. They are the ones (and unfortunately, the majority is letting them) who are trying to restrict the freedom of the press with their lawsuits over leaks. They are the ones who are violating citizens rights by spying on them.

    This case is protecting our rights and fredoms that, let's see, were violated by our Government.

    I'd rather live free and live with the vry remote possiblity of dying in a terrorist attach than having my Government take my rights away to protect my Freedom!

    I've been voting and writing letters, but, unfortunately, the cowards run the show.

    • Re:I'm stupid (Score:5, Insightful)

      by mirio (225059) on Thursday July 20 2006, @06:23PM (#15753146)
      AC, you are right on the mark.

      When people talk about freedom (real freedom, not the politician's word), what are they talking about? FREEDOM FROM GOVERNMENT.

      Governments are to be feared. The natural tendency of any government to expand it's power over it's people must be continuously fought.
    • by bersl2 (689221) on Thursday July 20 2006, @06:06PM (#15753036) Journal
      Federal judges sit until resignation, death, or impeachment and conviction by the Senate, for this very reason.
          • by Zathrus (232140) on Thursday July 20 2006, @08:22PM (#15753790) Homepage
            This is ND California, not court of appeals.

            Aw crap... in researching the judge I did a more general search and pulled up the wrong judge.

            Oddly, the real Judge Vaughn Walker was also appointed by Reagan and then appointed Chief Justice by George H. W. Bush. But, as you state, to the N.D. of California, not to the 2nd Circuit Court of Appeals (which is in an entirely different part of the country).

            So this probably was a "career limiting" move if the neo-cons retain control of the Republican party. They certainly won't reward him with a Appelatte court position and the Democrats are unlikely to appoint a conservative judge to the 9th.

            Which makes it an even better story really... since it means that he's likely ruling with the law rather than with politics. And, better yet, it means the appeal has to go to the 9th Appellate court, which is unlikely to overturn his decision.

            Someone go mod down my earlier post. Thanks.
    • by vertinox (846076) on Thursday July 20 2006, @07:06PM (#15753422)
      Funny... If you replaced your words with another famous "uhampered" security group we all know of we get something like this:

      Personally I think we should let the Gestopo do its job. When Gestopo data starts being used to find Christian Democrats and Socialists we've got a problem, but as long as its used for national defense and national defense only I personally think its a good idea to let them do there job unhampered. Imagine if the Reichstag fire had been prevented by such a program? When I say national defense I mean attacks like Reichstag fire, Soviet invasions, etc. things killing hundreds or thousands of people.

      Ironically, unhampered security groups do lead to invasions and killing of hundred of thousands of people. Personally I don't think that the NSA is even remotly comparable to the Gestopo, but what if in 20 years a power hungry psycho uses the massive amount of power we let the NSA have today to declare a defacto dictatorship?

      If we make the Presidency so powerful and unhampered as well as its agencies then corrupt evil people desiring power will seek this position. We must keep the Presidents and security groups in check so that this never happens.