Jewel v. NSA
In Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records.
Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. That same evidence is central to Hepting v. AT&T, a class-action lawsuit filed by EFF in 2006 to stop the telecom giant’s participation in the illegal surveillance program.
In addition to suing the government agencies involved in the domestic dragnet, Jewel v. NSA also targets the individuals responsible for creating, authorizing, and implementing the illegal program, including former President George W. Bush, former Vice President Dick Cheney, Cheney’s former chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales, and other individuals who ordered or participated in the warrantless domestic surveillance.
In April, the Obama administration moved to dismiss Jewel, claiming that litigation over the wiretapping program would require the government to disclose privileged "state secrets,” and that they were immune from suit. These are essentially the same or worse arguments than those made by the Bush administration when it first set out to dismiss EFF’s case against the AT&T back in 2006. On July 15, 2009, the court heard arguments on the government's motion to dismiss Jewel.
For the full complaint in Jewel v. NSA
More on NSA Spying:
Documents
- January 25, 2010 Judgment[PDF, 13.94 KB]
- January 21, 2010 Order granting dismissal[PDF, 73.00 KB]
- January 20, 2010 Plaintiffs' amendment to substitute Yoo and Goldsmith[PDF, 75.38 KB]
- December 23, 2009 Plantiffs' notice[PDF, 111.31 KB]
- December 15, 2009 Governnment's notice of manual filing[PDF, 64.35 KB]
- Notice of manual filing of Bankston declaration[PDF, 78.01 KB]
- November 16, 2009 Order granting joint motion for preserving evidence[PDF, 76.04 KB]
- November 11, 2009
Joint motion for entry of order regarding preservation of evidence[PDF, 86.32 KB]
- Exhibit 1[PDF, 182.22 KB]
- October 28, 2009 Government notice of order by court of appeals[PDF, 73.96 KB]
- September 3, 2009 Individual capacity defendants' reply in support of their motion for relief[PDF, 102.75 KB]
- September 1, 2009 Stipulation to extend time[PDF, 15.89 KB]
- August 24, 2009 Plaintiffs' opposition to individual capacity defendants' motion for relief[PDF, 171.34 KB]
- August 5, 2009 Stipulation to set briefing schedule[PDF, 51.10 KB]
- August 4, 2009 Order granting plaintiffs' motion to file brief[PDF, 23.00 KB]
- August 3, 2009
Plaintiffs' supplemental brief on FISA[PDF, 60.81 KB]
- Cohn declaration[PDF, 15.10 KB]
- Exhibit A[PDF, 1.87 MB]
- Exhibit B[PDF, 783.93 KB]
- Exhibit C[PDF, 2.47 MB]
- Exhibit D[PDF, 232.19 KB]
- Exhibit E[PDF, 108.16 KB]
- Weibe declaration[PDF, 16.77 KB]
- July 15, 2009 Minute order[PDF, 68.93 KB]
- July 13, 2009
Plaintiffs' motion for administrative relief[PDF, 116.47 KB]
- Cohn declaration[PDF, 80.15 KB]
- Exhibit A[PDF, 2.45 MB]
- Plaintiffs' notice of additional evidence[PDF, 116.57 KB]
- July 10, 2009 Individual capacity defendants' motion for relief[PDF, 140.24 KB]
- Notice of proposed judgment[PDF, 27.11 KB]
- June 26, 2009
Government reply in support of motion to dismiss[PDF, 76.88 KB]
- Exhibits[PDF, 1.27 MB]
- June 3, 2009
Plaintiffs' opposition to government's motion to dismiss[PDF, 1.76 MB]
- Cohn declaration[PDF, 346.96 KB]
- May 8, 2009 Order revising hearing date[PDF, 49.00 KB]
- May 1, 2009 Stipulation to revise hearing date[PDF, 19.75 KB]
- April 27, 2009 Order denying request of individual defendants[PDF, 21.92 KB]
- April 7, 2009 Plaintiffs' opposition to individual defendants' motion for relief[PDF, 124.39 KB]
- April 3, 2009
Government defendants' motion to dismiss[PDF, 118.67 KB]
- Exhibits[PDF, 522.16 KB]
- Notice of lodging of classified Blair declaration[PDF, 12.76 KB]
- Notice of lodging of classified Bonanni declaration[PDF, 12.71 KB]
- Notice of lodging of supplemental memoradum[PDF, 12.80 KB]
- Public Blair declaration[PDF, 555.40 KB]
- Public Bonanni declaration[PDF, 594.10 KB]
- Individual capacity defendants' request for administrative relief[PDF, 51.61 KB]
- Whitman declaration[PDF, 46.07 KB]
- January 30, 2009 Order re: motion to extend time[PDF, 89.43 KB]
- January 26, 2009 Unapposed motion for extension of time[PDF, 66.57 KB]
- November 26, 2008 Stipulation to extend time[PDF, 55.38 KB]
- October 28, 2008 Order relating cases[PDF, 24.78 KB]
- October 23, 2008 AT&T response to plaintiffs' motion to relate cases[PDF, 102.87 KB]
- October 21, 2008 Plaintiffs' motion to consider whether cases should be related[PDF, 167.70 KB]
- September 18, 2008 Jewel Complaint[PDF, 1.00 MB]
- Order setting case management[PDF, 12.86 KB]
- Press Conference Recording[MP3, 6.15 MB] 26-minute recording of EFF's press conference announcing the filing of Jewel v. NSA.
- September 17, 2008 Minute order[PDF, 62.10 KB]
Press Releases
- January 21, 2010 EFF Plans Appeal of Jewel v. NSA Warrantless Wiretapping Case
- July 13, 2009 Wednesday Hearing in Government Fight to Silence Warrantless Wiretapping Case
- April 06, 2009 Obama Administration Embraces Bush Position on Warrantless Wiretapping and Secrecy
- September 18, 2008 EFF Sues NSA, President Bush, and Vice President Cheney to Stop Illegal Surveillance
Deeplinks Posts
- December 07, 2009 EFF Submits Brief in Key State Secrets Privilege Case
- September 30, 2009 PATRIOT Act Debate Must Include Reform of Last Year's FISA Amendments Act
- September 29, 2009 NYT: New Obama Policy on State Secrets isn't Enough; Reform by Congress is Needed
- September 24, 2009 Obama’s Disappointing State Secrets Procedures
- September 17, 2009 EFF Supports JUSTICE Bill to Reform the USA PATRIOT Act and Repeal Telecom Immunity
- August 24, 2009 Op-Ed on Lawless Surveillance by Cindy Cohn
- July 22, 2009 SF Chronicle: Obama Position on Wiretapping is "Mind-Boggling"
- July 16, 2009 News Round-Up: Jewel v. NSA Hearing
- July 10, 2009 Inspectors General Report on Warrantless Wiretapping
- April 15, 2009 Jewel v. NSA Roundup: The Media on Obama's Position on State Secrecy and Warrantless Wiretapping
- April 08, 2009 EFF's Kevin Bankston on MSNBC's "Countdown With Keith Olbermann"
- April 08, 2009 Keith Olbermann on Obama and Wiretapping
- April 07, 2009 In Warrantless Wiretapping Case, Obama DOJ's New Arguments Are Worse Than Bush's
- January 22, 2009 Whistleblower Reveals New Abuses of Wiretapping Power
- December 15, 2008 The Whistleblower Who Kick-Started Domestic Spying Revelations
In The News
- SAN FRANCISCO BAY GUARDIAN | February 03, 2010 Big Brother Obama
- WIRED NEWS | January 29, 2010 Courts, Congress Shun Addressing Legality of Warrantless Eavesdropping
- WIRED NEWS | January 28, 2010 Obama Speaks Transparency, Practices Subterfuge
- AFP | January 22, 2010 Judge nixes two Bush-era domestic spying cases
- WIRED NEWS | January 22, 2010 Judge Tosses NSA Spy Cases
- REGISTER UK | January 22, 2010 NSA beats warrantless wiretap rap
- VILLAGE VOICE | January 12, 2010 George W. Obama: After his first year, Obama shows his true face
- AMERICAN CONSTITUTION SOCIETY | August 17, 2009 Op-Ed: Lawless Surveillance, Warrantless Rationales
- PC WORLD | July 17, 2009 The NSA Wiretapping Story That Nobody Wanted
- SAN FRANCISCO CHRONICLE | July 16, 2009 Obama goes to bat for Bush wiretap program
- PC WORLD | July 15, 2009 Obama Administration Defends Bush Wiretapping
- WIRED NEWS | July 15, 2009 Feds Say ‘Dragnet’ Surveillance Lawsuit Threatens Security
- WIRED NEWS | July 15, 2009 Obama Claims Immunity, As New Spy Case Takes Center Stage
- TALKING POINTS MEMO | June 23, 2009 We're All Iranians Now: US Online Spying...
- GUARDIAN UK | June 18, 2009 America accused of spying on millions of emails
- ASSOCIATED PRESS | April 19, 2009 Promises, Promises: Obama keeps some Bush secrets
- POLITICO | April 17, 2009 'Torture memos' embolden liberal groups
- UNITED MEDIA | April 17, 2009 Is Obama listening to Dick Cheney?
- ASSOCIATED PRESS | April 16, 2009 Senate panel to probe wiretapping violations
- DEMOCRACY NOW | April 16, 2009 Video: Obama Administration Claims “Sovereign Immunity” in Attempt to Dismiss Lawsuit Against NSA over Domestic Surveillance
- WASHINGTON INDEPENDENT | April 16, 2009 The NSA is Still Wiretapping. And We’re Surprised?
- NEW YORK TIMES | April 15, 2009 Obama’s (State) Secrets
- COLUMBIA JOURNALISM REVIEW | April 10, 2009 Obama and State Secrets? Shhh…
- SALON | April 13, 2009 An emerging progressive consensus on Obama's executive power and secrecy abuses
- ABCNEWS.COM | April 10, 2009 On 'State Secrets,' Meet Barack W. Obama
- WASHINGTON POST | April 09, 2009 Obama's State Secrets Overreach
- WASHINGTON INDEPENDENT | April 09, 2009 Big Break From Bush on ‘State Secrets’ Unlikely Under Obama
- SAN FRANCISCO CHRONICLE | April 09, 2009 Pundits escalate attacks against Obama
- April 08, 2009 Video: EFF's Kevin Bankston on Countdown with Keith Olbermann
- SALON | April 08, 2009 Keith Olbermann's scathing criticism of Obama's secrecy/immunity claims
- TECH DIRT | April 08, 2009 EFF: Obama DOJ's Warrantless Wiretapping Arguments Are Worse Than Bush's
- SAN FRANCISCO CHRONICLE | April 07, 2009 Government opts for secrecy in wiretap suit
- SALON | April 06, 2009 New and worse secrecy and immunity claims from the Obama DOJ
- BAY CITY NEWS | April 06, 2009 Obama Administration Seeks Dismissal of Wiretapping Lawsuit
- DAILY TECH | January 24, 2009 Whistleblower Says NSA Monitors Everybody, Targets Reporters and Dissidents
- CONGRESSIONAL QUARTERLY | January 14, 2009 FISA Could Change Under Obama
- WIRED NEWS | November 09, 2008 Bush Spy Revelations Anticipated When Obama Is Sworn In
- WIRED NEWS | August 22, 2008 Rights Group Suing AT&T for Spying Will Sue Government Too
- INTERNETNEWS | September 18, 2008 EFF Sues Feds to Stop Domestic Spying
- CNET NEWS.COM | September 18, 2008 EFF sues U.S. over NSA surveillance program
- PC MAGAZINE | September 18, 2008 EFF Sues Bush, Cheney Over Warrantless Wiretaps
- AFP | September 18, 2008 Internet group sues Bush for electronic eavesdropping
