sunbird writes "The EFF argued several critical cases yesterday before the Ninth Circuit Court of Appeals. Both Hepting v. AT&T and Jewel v. National Security Agency raise important questions regarding whether the NSA's warrantless wiretapping program (pdf summary of evidence), disclosed by whistleblower Mark Klein and implemented by AT&T and other telecoms, violates the Fourth Amendment to the U.S. Constitution. The full text of the Klein declaration and redacted exhibits are publicly available (pdf). ... The Klein evidence establishes that AT&T cut into the fiber optic cables in San Francisco to route a complete copy of internet and phone traffic to the 'SG3' secure room operated by the NSA. The trial court dismissed the Hepting lawsuit (pdf order) based on the 2008 Congressional grant of immunity to telecoms. Similarly, the trial court in Jewel dismissed (pdf order) the lawsuit against the government agencies and officials based on the state secrets privilege. Both cases were argued together before the same panel of judges. The audio of the oral argument will be available after noon PDT [17:00 GMT] today."
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