Press Releases related to NSA Multi-District Litigation: Documents Relating to All Cases and Dismissed Cases
EFF to Urge Reform of State Secrets Privilege at Tuesday Congressional Hearing
New Legislation Could Clear Path for Telecom Spying Lawsuits to Proceed in Court
Washington, D.C. - On Tuesday, January 29, at 9:30 a.m, members of the U.S. House of Representatives Judiciary Committee will hold a public hearing on reform of the state secrets privilege, which the Executive Branch has often used in recent years to hinder judicial inquiry into controversial anti-terrorism policies such as the CIA's rendition program and the NSA's warrantless wiretapping program.
Senior Staff Attorney Kevin Bankston of the Electronic Frontier Foundation (EFF) will appear at Tuesday's hearing to explain how the Administration has abused the privilege by seeking dismissal of all lawsuits concerning the NSA program -- including EFF's lawsuit against AT&T for assisting with the NSA -- based on blanket assertions of secrecy. Bankston will urge the committee to pass legislation to reform the privilege and clear the way for such lawsuits to proceed in court fairly and securely. Such reform is the most appropriate response to phone companies like AT&T that are lobbying Congress for retroactive amnesty, based on the claim that the government's assertion of the state secrets privilege prevents them from defending themselves.
EFF represents the plaintiffs in Hepting v. AT&T, a class-action lawsuit brought by AT&T customers accusing the telecommunications company of violating their rights by illegally assisting the National Security Agency in widespread domestic surveillance. The Hepting case is just one of many suits aimed at holding telecoms responsible for knowingly violating federal privacy laws with warrantless wiretapping and the illegal transfer of vast amounts of personal data to the government. A recent poll found that 57 percent of likely voters opposed letting the telecoms off the hook for these suits.
WHO:
Kevin Bankston
Senior Staff Attorney
Electronic Frontier Foundation
WHAT:
Oversight Hearing on Reform of the State Secrets Privilege
U.S. House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties
WHERE:
2141 Rayburn House Office Building
Washington, D.C.
WHEN:
9:30 a.m.
Tuesday, January 29
For more on the hearing:
http://judiciary.house.gov/oversight.aspx?ID=404
For more on the NSA spying:
http://www.eff.org/issues/nsa-spying
Contact:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
EFF Calls on Senate Judiciary Committee and Full Senate to Take More Time and Not Let Telephone Companies Off the Hook
Latest Proposal Undermines Goal of Letting the Courts Rule on 5+ Years of Companies' Illegal Wiretapping Violations
Washington, D.C. - Tomorrow the Senate Judiciary Committee is scheduled to take up a bill introduced by Senator Arlen Specter (R-PA) that would substitute the government for the phone companies in all current litigation. The Electronic Frontier Foundation (EFF), co-lead counsel in the nearly 40 pending lawsuits against the major telephone carriers, strongly believes that Congress need not and should not grant amnesty for providing the National Security Agency (NSA) with the full content of billions of their customers' emails, text messages and Internet-carried phone calls.
"While EFF appreciates the attempt by Senator Specter to craft a compromise to save the litigation, the bill contains serious flaws that undermine the goal of allowing the courts to decide whether the carriers and the president broke the law when they engaged in over five years of warrantless surveillance of millions of ordinary Americans," said EFF Legal Director Cindy Cohn. "Given the gravity and unprecedented complexities of the issues raised by the carriers' demand for amnesty, Congress should not be rushed into action by an arbitrary deadline and should instead take the time to carefully consider Senator Specter's proposal as well as others."
Prior to the Thanksgiving break, Senator Specter had the right idea when he said: "I don't think Congress can stand by, and in the face of what has happened, give carte blanche, a free ticket, grant retroactive immunity to suggest to future administrations that they can ignore separation of powers and they can ignore Congressional oversight and just run roughshod over the entire process without being held accountable. The better practice is to allow judicial proceedings to take their course and let the courts make their own determinations."
"The Judiciary Committee's instincts before Thanksgiving to separate out the substantive changes to FISA -- which are tied to the sunset of the Protect America Act in February, 2008 -- from the question of amnesty were correct," said Cohn. "Before tens of millions of Americans and their legitimate claims are kicked out of court, Congress owes the American people a transparent process -- not a few weeks of pressured consideration and a single public hearing by the Committee charged with protecting the Bill of Rights."
The "Foreign Intelligence Surveillance Substitution Act of 2007," introduced on December 3 by Sen. Specter, addresses one important problem regarding damages if the plaintiffs' case is proven. Regrettably, however, it falls short. Specifically, the new Specter substitution bill:
* Would require the plaintiffs to change their legal claims from those against telecoms to claims that can only be made against the government, paradoxically making the lawsuits more likely to trigger national security concerns even as they slant the playing field sharply in favor of the government
* Could empower the government to kill the litigation by asserting legal privileges that the government alone possesses
* Would dramatically and prejudicially limit the plaintiffs' current rights to discovery and other key procedural rights critical to getting at the facts about the telecoms' ongoing violations of multiple Congressional privacy statutes, including the Foreign Intelligence Surveillance Act (FISA). These statutes specifically require telecoms to say "No" to an overreaching Executive Branch when it demands warrantless and illegal access to customers' private calls and call records.
"Although regrettably we cannot support Sen. Specter's new bill, we applaud his serious efforts and his fundamental approach to this issue," said Cohn. "We couldn't agree more with his bottom line on telecom amnesty and hope that every senator will take this to heart as FISA reform makes its way to the Senate floor this year or next."
For more on the telecom lawsuits:
http://www.eff.org/issues/nsa-spying
Contacts:
Kevin Bankston
Staff Attorney
Electronic Frontier Foundation
bankston@eff.org
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
Judge Orders Telecommunications Companies to Preserve Evidence in Government Surveillance Cases
Ruling Advances EFF's Class-action Lawsuit Against AT&T
San Francisco - A federal judge today ruled on a preservation motion filed by the Electronic Frontier Foundation (EFF), ordering that telecommunications companies must preserve any evidence of collaborating with the government in illegal spying on ordinary Americans.
In his ruling, U.S. District Court Judge Vaughn Walker ordered the telecommunications companies to halt any routine destruction of documents or to arrange for the preservation of accurate copies. On December 14, each party must provide the court with confirmation that the court's order has been carried out. The court order did not require the government or the carriers to reveal whether or not they had any relevant evidence.
The government and the carriers had opposed the preservation motion, claiming that the government's invocation of the state secrets privilege made it impossible to proceed with a preservation order. In litigation, parties are typically required to preserve all relevant evidence.
For the judge's order:
http://www.eff.org/files/filenode/att/393%20order.pdf
For more on the class-action lawsuit against AT&T:
http://www.eff.org/cases/att
Contacts:
Kurt Opsahl
Senior Staff Attorney
Electronic Frontier Foundation
kurt@eff.org
AT&T Whistleblower to Urge Senate to Reject Blanket Immunity for Telecoms
Press Conference on Capitol Hill on Wednesday, November 7, 10:30am
Washington, D.C. - On Wednesday, November 7, at 10:30am, telecommunications technician and AT&T whistleblower Mark Klein will speak out at a press conference on Capitol Hill, explaining why he is asking lawmakers to reject immunity for telecoms who assisted the Bush administration's spying on millions of Americans.
Klein witnessed first-hand the technology AT&T built to assist the government's domestic warrantless wiretapping program at AT&T's main switching facility in San Francisco. As part of his job at AT&T, Klein connected high-speed fiber optic cables to sophisticated equipment that intercepted communications from AT&T customers and then copied and routed every single one to a room controlled by the National Security Agency (NSA). Klein has provided evidence for the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T for its role in the illegal spying.
"My job required me to enable the physical connections between AT&T customers' Internet communications and the NSA's illegal, wholesale copying machine for domestic emails, Internet phone conversations, web surfing and all other Internet traffic. I have first-hand knowledge of the clandestine collaboration between one giant telecommunications company, AT&T, and the National Security Agency to facilitate the most comprehensive illegal domestic spying program in history," said Klein.
Also speaking at the event Wednesday is network systems and infrastructure expert Brian Reid, who will explain how the infrastructure that Mr. Klein helped install likely fits into and facilitates the massive warrantless surveillance program.
WHO:
Mark Klein, former AT&T communications technician and domestic spying program whistleblower
Brian Reid, network systems and infrastructure expert
Cindy Cohn, Legal Director, Electronic Frontier Foundation
Kevin Bankston, Staff Attorney, Electronic Frontier Foundation
WHAT:
Press conference/Q & A to urge the Senate to reject blanket retroactive immunity for unlawfully aiding illegal domestic NSA spying.
WHERE:
Senate Banking Committee Hearing Room, Dirksen 538
WHEN:
10:30am, Wednesday, November 7th, 2007
Contacts:
Trevor FitzGibbon
Fenton Communications
trevor@fenton.com
Alex Howe
Fenton Communications
alex@fenton.com
EFF Suit Demands Telecom Lobbying Records from Director of National Intelligence
Lawsuit Filed as Congress Debates Letting Industry Off the Hook for Illegal Spying
For Immediate Release: Wednesday, October 17, 2007
San Francisco - The Electronic Frontier Foundation (EFF) filed suit against the Office of the Director of National Intelligence (ODNI) today, demanding any information about telecommunications companies' efforts to get off the hook for their role in the government's illegal electronic surveillance of millions of ordinary Americans.
Congress is currently considering granting amnesty to the telecoms -- a blatant attempt to derail lawsuits aimed at holding the companies responsible for knowingly violating federal privacy laws with warrantless wiretapping and the illegal transfer of vast amounts of personal data to the government. EFF represents the plaintiffs in Hepting v. AT&T, one of dozens of class-action suits accusing the telecoms of violating customers' rights by illegally assisting the National Security Agency with this domestic surveillance.
News reports have described an elaborate lobbying campaign by the telecoms to drum up support for legislation that would hold them unaccountable for their actions, and Director of National Intelligence Mike McConnell has publicly voiced his support for amnesty. But McConnell's office has not yet responded to EFF's Freedom of Information Act (FOIA) requests to disclose records about this lobbying activity.
"Congress is debating amnesty for the telecoms right now -- amnesty that could imperil judicial review of a very controversial government program, as well as threaten class-action lawsuits that impact millions of Americans," said EFF Staff Attorney Marcia Hofmann. "We deserve to know what kind of lobbying has gone on behind the scenes before lawmakers make this critical decision."
EFF's suit asks for the immediate disclosure of ODNI's telecom lobbying records, including any documents concerning briefings, discussions, or other contacts officials have had with representatives of telecommunications companies or members of Congress. This lawsuit comes just two weeks after EFF filed a similar FOIA suit against the Department of Justice for withholding records on telecom lobbying.
For the full complaint:
http://www.eff.org/files/filenode/foia_C0705278/ODNI_complaint.pdf
For more on our FOIA work:
http://www.eff.org/issues/foia
Contacts:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Kurt Opsahl
Senior Staff Attorney
Electronic Frontier Foundation
kurt@eff.org
David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org
Illegal Government Surveillance Opens Door to More Privacy Violations
EFF Tells Congress About Hidden Costs of Dragnet Spying
San Francisco - The Electronic Frontier Foundation (EFF) told a congressional committee today that the government's illegal dragnet electronic surveillance opens the door to even more privacy violations for ordinary Americans.
The sheer volume of personal information collected and the databases in which that information is stored create a giant target for attackers who want to steal or expose Americans' personal data. In a response to questions asked of EFF by the House Committee on Energy and Commerce, EFF Legal Director Cindy Cohn explained in comments submitted Friday that an increase in the number of databases introduces more points of vulnerability into the system, putting sensitive personal information from millions of people at risk.
"We have all heard about security problems with government databases. A report from the Department of Homeland Security found 477 breaches in 2006 alone," said Cohn. "The warrantless domestic surveillance going on now isn't just illegal -- it could expose your personal information to thieves and criminals."
The committee asked EFF for input as part of its review of the Protect America Act, deeply flawed legislation that broadly expanded the National Security Agency's authority to spy on Americans without warrants. Next week, the House is set to vote on the RESTORE Act, a bill designed restore the civil liberties lost under the previous law.
Since the committee had also sent a list of key questions to AT&T and the other major telecommunications firms about their involvement in illegal surveillance activities, EFF provided the committee information about the Hepting v. AT&T lawsuit. EFF represents the plaintiffs in this class-action lawsuit brought by AT&T customers, accusing the telecommunications company of violating their rights by illegally assisting the NSA's domestic surveillance. The Hepting case is just one of many suits aimed at holding telecoms responsible for knowingly violating federal privacy laws with warrantless wiretapping and the illegal transfer of vast amounts of personal data to the government.
EFF also provided the committee with a legal analysis of the use of so-called "exigent letters" by the government to obtain information about Americans and about their "communities of interest," two topics also raised by the committee in its letters to the telecommunications carriers. EFF's Freedom of Information Act (FOIA) work uncovered this illegal broadening of surveillance authority.
"We're pleased that the committee is interested in obtaining answers from the leading telecommunications carriers about whether they have been following the privacy laws protecting their customers' communications. Congressional oversight of the telecommunications companies' activities is long overdue," said Cohn.
For EFF's full comments to the House Committee on Energy and Commerce:
http://eff.org/Privacy/Surveillance/FISA/committee_letter.pdf
For more on the class-action lawsuit against AT&T:
http://www.eff.org/legal/cases/att
Contact:
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
AT&T Must Face Justice for Illegal Spying
NSA Surveillance Comes Under Fire Today in Appeals Court Battle
San Francisco - In a packed San Francisco courtroom today, the Electronic Frontier Foundation (EFF) urged the 9th U.S. Circuit Court of Appeals to allow AT&T customers to continue to fight against illegal spying on their telephone and Internet communications.
EFF is representing the plaintiffs in Hepting v. AT&T, a class-action lawsuit brought by AT&T customers accusing the giant telco of violating their rights by illegally assisting the National Security Agency in domestic surveillance. The U.S. government is fighting to get the class-action lawsuit thrown out of court, contending that the litigation jeopardizes state secrets.
"The courts cannot permit the government to evade responsibility for unconstitutional activities with thin claims of 'state secrets.' Without judicial review, there is no way to stop abuses of power," said EFF Legal Director Cindy Cohn. "The courts are well equipped to protect state secrets while determining whether the spying is illegal and if so, to put a stop to it."
"In trying to shut down this case, the government is hoping to avoid accountability for spying on millions of AT&T customers," said EFF Staff Attorney Kevin Bankston. "Our system of checks and balances is supposed to thwart abuses of power. The White House is trying to wiggle out of those checks by taking the courts out of the picture."
Also Wednesday, the court heard arguments on the future of Al-Haramain Islamic Foundation v. Bush, a case alleging that the federal agents illegally wiretapped calls between the charity and its lawyers. The government also wants this case dismissed on state secrets grounds.
"The President is trying to hide behind a veil of false secrecy to evade a judicial determination that he broke the law. We're asking the court to see through that ploy," said Jon B. Eisenberg of Eisenberg and Hancock, LLP, attorney for the Al-Haramain plaintiffs.
C-SPAN television recorded today's hearing and said it would air later in the day.
The appeals court did not make a ruling Wednesday. The decision will be released at a later date.
Contacts:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Jon B. Eisenberg
Attorney for the Al-Haramain plaintiffs
Eisenberg and Hancock, LLP
jon@eandhlaw.com
Ashlee Albies
Attorney for the Al-Haramain plaintiffs
ashlee@albieslaw.com
Appeals Court Battle Over NSA Surveillance on August 15
Government Aims to Block Accountability for Illegal Spying on Americans
San Francisco - In the wake of Congress approving a dramatic expansion of U.S. warrantless wiretapping powers, the 9th U.S. Circuit Court of Appeals will hear arguments on the future of two critical lawsuits over illegal surveillance of Americans. The hearing is set for August 15, at 2 p.m. in San Francisco.
The government is fighting to get the cases thrown out of court, contending that the litigation jeopardizes state secrets. The Electronic Frontier Foundation (EFF) is representing the plaintiffs in Hepting v. AT&T, which accuses the telecom giant of collaborating with the National Security Agency (NSA) in illegal electronic surveillance of millions of AT&T's customers. The court will also hear the arguments on the future of Al-Haramain Islamic Foundation v. Bush, a case alleging that the government illegally wiretapped calls between the charity and its lawyers.
"At issue here is whether the courts have any meaningful role to play in protecting Americans' privacy from Executive branch abuses of its surveillance powers," said EFF Legal Director Cindy Cohn. "If the claim of 'state secrets' is allowed to shut down litigation, then the courts will never be able to exercise their Constitutional duty to hold the White House accountable for illegal and even unconstitutional abuses of power."
The court has scheduled one hour of arguments for Hepting v. AT&T, and 40 minutes for Al-Haramain Islamic Foundation v. Bush. Because of the large number of attendees expected at Wednesday's hearing, the court will provide an overflow room with audio and video of the proceedings for spectators who cannot get a seat in the courtroom itself.
For more information about attending the hearing, contact press@eff.org.
WHAT:
Hepting v. AT&T
Al-Haramain Islamic Foundation v. Bush
WHEN:
2 p.m.
Wednesday, August 15
WHERE:
9th U.S. Circuit Court of Appeals
Courtroom 1, 3rd Floor
95 Seventh Street
San Francisco, CA 94103
For more on EFF's case against AT&T:
http://www.eff.org/legal/cases/att
Contacts:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
Lisa Jaskol
Attorney for the Al-Haramain plaintiffs
ljaskol@earthlink.net
Congress Set to Uncover Truth About NSA Spying Program
Vote to Authorize Subpoenas Sets Stage for Showdown Over Illegal Surveillance
San Francisco - The Senate Judiciary Committee voted today to authorize subpoenas related to the National Security Agency (NSA)'s domestic spying program, setting the stage for a Congressional showdown over the surveillance of millions of ordinary Americans. The subpoenas demand certain legal documents that the Administration has withheld despite Congress' repeated requests.
"This subpoena authorization is a critical first step toward uncovering the full extent of the NSA's illegal spying and the role that telecommunications companies like AT&T played in it," said EFF Staff Attorney Kevin Bankston. "Considering that it's been almost six years since the NSA started spying on Americans without warrants and over a year since that spying was revealed publicly, these subpoenas are long overdue. It's high time for Congress to get to the bottom of this mess."
The Electronic Frontier Foundation (EFF) is suing AT&T for illegally assisting in the NSA spying. The government has asked the 9th U.S. Circuit Court of Appeals to dismiss EFF's case, claiming that the lawsuit could expose state secrets.
"Our case against AT&T includes evidence from a former employee that points to a massive spying program impacting millions of people -- a program far broader than the government has admitted to," said Bankston. "Americans deserve to know the truth about the NSA program."
For more on the class-action lawsuit against AT&T:
http://www.eff.org/legal/cases/att/
Contacts:
Derek Slater
Acting Media Coordinator
Electronic Frontier Foundation
derek@eff.org
Secret Surveillance Evidence Unsealed in AT&T Spying Case
Whistleblower Declaration and Other Key Documents Released to Public
San Francisco - More documents detailing secret government surveillance of AT&T's Internet traffic have been released to the public as part of the Electronic Frontier Foundation's (EFF's) class-action lawsuit against the telecom giant.
Some of the unsealed information was previously made public in redacted form. But after negotiations with AT&T, EFF has filed newly unredacted documents describing a secret, secure room in AT&T's facilities that gave the National Security Agency (NSA) direct access to customers' emails and other Internet communications. These include several internal AT&T documents that have long been available on media websites, EFF's legal arguments to the 9th Circuit, and the full declarations of whistleblower Mark Klein and of J. Scott Marcus, the former Senior Advisor for Internet Technology to the Federal Communications Commission, who bolsters and explains EFF's evidence.
"This is critical evidence supporting our claim that AT&T is cooperating with the NSA in the illegal dragnet surveillance of millions of ordinary Americans," said EFF Legal Director Cindy Cohn. "This surveillance is under debate in Congress and across the nation, as well as in the courts. The public has a right to see these important documents, the declarations from our witnesses, and our legal arguments, and we are very pleased to release them."
EFF filed the class-action suit against AT&T last year, accusing the telecom giant of illegally assisting in the NSA's spying on millions of ordinary Americans. The lower court allowed the case to proceed and the government has now asked the 9th U.S. Circuit Court of Appeals to dismiss the case, claiming that the lawsuit could expose state secrets. EFF's newly released brief in response outlines how the case should go forward respecting both liberty and security.
"The District Court rejected the government's attempt to sweep this case under the rug," said EFF Senior Staff Attorney Kurt Opsahl. "This country has a long tradition of open court proceedings, and we're pleased that as we present our case to the Court of Appeals, the millions of affected AT&T customers will be able to see our arguments and evidence and judge for themselves."
Oral arguments in the 9th Circuit appeal are set for the week of August 13.
For the unredacted Klein declaration:
http://eff.org/legal/cases/att/SER_klein_decl.pdf
For the internal documents:
http://eff.org/legal/cases/att/SER_klein_exhibits.pdf
For the unredacted Marcus declaration:
http://eff.org/legal/cases/att/SER_marcus_decl.pdf
For EFF's 9th Circuit brief:
http://eff.org/legal/cases/att/9thanswerbrief.pdf
For more on the class-action lawsuit against AT&T:
http://www.eff.org/legal/cases/att/
Contacts:
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
Kurt Opsahl
Senior Staff Attorney
Electronic Frontier Foundation
kurt@eff.org
