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

Pls plan to call your House Rep Monday, "vote no FCC privacy repeal" If your rep is Republican, ask 5 friends too https://eff.org/gopp

Mar 24 @ 4:18pm

A loophole in Australia's copyright safe harbor rules will stay open, endangering local user-generated content sites https://www.eff.org/deeplinks...

Mar 24 @ 1:37pm

In all, @agcrocker addressed the appeals court on NSLs for more than 25 minutes. Here's the full recording. https://youtu.be/ccS06CFkZ5M

Mar 24 @ 1:09pm
JavaScript license information