July 20, 2006 | By Derek Slater

Key Quotes from Today's EFF v. AT&T Decision

Today, EFF achieved a critical victory in our case against AT&T. Here are some key quotes from the decision:

p.36, "To defer to a blanket assertion of [state] secrecy here would be to abdicate that duty, particularly because the very subject matter of this litigation has been so publicly aired. The compromise between liberty and security remains a difficult one. But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."

p.39-40, "If the goverment's public disclosures have been truthful, revealing whether AT&T has received a certification to assist in monitoring communication content should not reveal any new information that would assist a terrorist and adversely affect national security. And if the government has not been truthful, the state secrets privilege should not serve as a shield for its false public statements. In short, the government has opened the door for judicial inquiry by publicly confirming and denying material information about its monitoring of communication content."

p. 68, "Moreover, because the 'very action in question has previously been held unlawful,' AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal."


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Snowden's legacy grows in South America: Brazil’s crypto movement marches on. https://eff.org/r.a7l1

Apr 27 @ 2:51pm

After 8 years, our dancing baby case is dancing to court: oral arguments in Lenz v. Universal scheduled for July 7 in San Francisco.

Apr 27 @ 2:51pm

Obama claims TPP critics don't know what we're talking about—while his administration keeps the entire deal secret. https://eff.org/r.q5w5

Apr 27 @ 2:40pm
JavaScript license information