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EFF: AT&T forwards all Internet traffic into NSA
www.spamdailynews.com ^ | April 07, 2006 | spamdailynews

Posted on 04/07/2006 6:57:10 PM PDT by Bobalu

EFF: AT&T forwards all Internet traffic into NSA April 07, 2006

The Electronic Frontier Foundation (EFF) on Wednesday filed the legal briefs and evidence supporting its motion for a preliminary injunction in its class-action lawsuit against AT&T.

After asking EFF to hold back the documents so that it could review them, the Department of Justice consented to EFF's filing them under seal -- a well-established procedure that prohibits public access and permits only the judge and the litigants to see the evidence.

While not a party to the case, the government was concerned that even this procedure would not provide sufficient security and has represented to the Court that it is "presently considering whether and, if so, how it will participate in this case."

"The evidence that we are filing supports our claim that AT&T is diverting Internet traffic into the hands of the NSA wholesale, in violation of federal wiretapping laws and the Fourth Amendment," said EFF Staff Attorney Kevin Bankston.

"More than just threatening individuals' privacy, AT&T's apparent choice to give the government secret, direct access to millions of ordinary Americans' Internet communications is a threat to the Constitution itself. We are asking the Court to put a stop to it now," said Bankston.

EFF's evidence regarding AT&T's dragnet surveillance of its networks includes a declaration by Mark Klein, a retired AT&T telecommunications technician, and several internal AT&T documents. This evidence was bolstered and explained by the expert opinion of J. Scott Marcus, who served as Senior Technical Advisor for Internet Technology to the Federal Communications Commission from July 2001 until July 2005.

The internal AT&T documents and portions of the supporting declarations have been submitted to the Court under a tentative seal, a procedure that allows AT&T five court days to explain to the Court why the information should be kept from the public.

"The public deserves to know about AT&T's illegal program," said EFF Legal Director Cindy Cohn. "In an abundance of caution, we are providing AT&T with an opportunity to explain itself before this material goes on the public docket, but we believe that justice will ultimately require full disclosure."

The NSA program came to light in December, when the New York Times reported that the President had authorized the agency to intercept telephone and Internet communications inside the United States without the authorization of any court.

"Mark Klein is a true American hero," said EFF Staff Attorney Kurt Opsahl. "He has bravely come forward with information critical for proving AT&T's involvement with the government's invasive surveillance program."

In the lawsuit, EFF is representing the class of all AT&T residential customers nationwide. Working with EFF in the lawsuit are the law firms Traber & Voorhees, Lerach Coughlin Stoia Geller Rudman & Robbins LLP and the Law Office of Richard R. Wiebe.


TOPICS: Constitution/Conservatism
KEYWORDS: eff; libertarians; nsa; patriotact; wiretap
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1 posted on 04/07/2006 6:57:14 PM PDT by Bobalu
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To: LibreOuMort

ping


2 posted on 04/07/2006 7:03:45 PM PDT by sionnsar (†trad-anglican.faithweb.com† | Iran Azadi 2006 | 5yst3m 0wn3d - it's N0t YOurs (SONY))
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To: Bobalu
AT&T Local customers? Does that mean SBC DSL Customers? AT&T did not have local service customers until SBC acquired AT&T.
3 posted on 04/07/2006 7:07:57 PM PDT by Pro-Bush (A nation without borders is not a nation." --President Reagan)
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To: Bobalu

When did EFF decide to sell out to AlQaida, or were they a captive agent all along.


4 posted on 04/07/2006 7:08:45 PM PDT by muawiyah (-)
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To: Bobalu

BFD. This is a big DUH. Clintoon set this up with Britain.
If you have something to hide, you had better encrypt it; NSA is good at breaking encryption.

There is no right to privacy on the internet. ANYONE in the cloud can capture packets and break back emails, conversations in audio and web traffic unless the sessions are wrapped by encryption. NSA and most other countries similar agencies do the same thing, looking for traffic which could indicate coming harm to the citizens.
There is no expectation of privacy on the internet.

The FIBBERS (FBI) have CALEA. What do you think it is?


5 posted on 04/07/2006 7:09:37 PM PDT by axes_of_weezles
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To: Pro-Bush

Maybe they are talking about something larger in scale than just end-user/consumer & service provider. I know that MCI is or was an internet backbone; maybe thats what this is about?


6 posted on 04/07/2006 7:11:06 PM PDT by Prodn2000
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To: axes_of_weezles
The FIBBERS (FBI) have CALEA.

I first stated using CALEA under Reno. Your internet traffic was being watched long before Pres. Bush.

7 posted on 04/07/2006 7:14:42 PM PDT by chesty_puller (USMC 70-73 3MAF VN 70-71)
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To: Bobalu

In the book "The Puzzle Palace", the assertion was made that NSA had a deal with Western Union to read ALL telegrams or wires going overseas.

Sounds like nothing has changed.

I also am not terribly concerned, unless they buy stock based on my emails to my brokers.


8 posted on 04/07/2006 7:18:01 PM PDT by DBrow (Can't we all get along?)
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To: chesty_puller

That was the point I was trying to make.

Mr Goron had his "Clipper" chip which he was trying to foist upon everyone as well.


9 posted on 04/07/2006 7:18:43 PM PDT by axes_of_weezles
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To: Bobalu

What was the name of that movie? Enemy of the State, or something, starring Gene Hackman? It was where they put bugs in all the labor lawyer's clothes, but he finally turned the tables on them by sparking a shoot-out between the mafia and the NSA guys. Prescient perhaps?


10 posted on 04/07/2006 7:19:58 PM PDT by timer
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To: axes_of_weezles
That was the point I was trying to make.

Yeah, I know. I was just backing you up.

11 posted on 04/07/2006 7:20:46 PM PDT by chesty_puller (USMC 70-73 3MAF VN 70-71)
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To: Bobalu
I don't deal with AT&T, but if I did, no problem. If they can make anything out of my gibberish damning demonrats and illegals, then I'm guilty as charged.


12 posted on 04/07/2006 7:20:50 PM PDT by x1stcav (Illegals go home! I'll mow the damned lawn myself!)
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To: DBrow
I also am not terribly concerned, unless they buy stock based on my emails to my brokers.

You will be when your medical records are digitized and sent hither and yon via the Web; you should be because all your public record info, which used to reside in dusty files or microfiches in drab government offices, is now electrified and offered as if in a vending machine for anyone to purchase, manipulate, and misconstrue at will. I haven't bothered to mention your "Identity" or financial information.

13 posted on 04/07/2006 7:31:12 PM PDT by the invisib1e hand (blah)
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To: the invisib1e hand

I haven't bothered to mention your "Identity" or financial information.
-----
Most likely for sale to the highest bidder...what is not these days, given the zero attitude of Washington these days when it comes to the interests of the American citizen.


14 posted on 04/07/2006 7:34:15 PM PDT by EagleUSA
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To: the invisib1e hand

Cue Mantra.....


If you're not doing anything wrong you have nothing to worry about .....


15 posted on 04/07/2006 7:37:12 PM PDT by SubGeniusX
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To: the invisib1e hand

this is even cuter....http://www.washingtonpost.com/wp-dyn/content/article/2006/03/22/AR2006032202190.html


16 posted on 04/07/2006 7:37:47 PM PDT by mo
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To: DBrow
I also am not terribly concerned, unless they buy stock based on my emails to my brokers.

You will not be affected unless you engage in political activity that is annoying to somebody in power. In that case you better be squeeky-clean. Including never having downloaded an mp3

17 posted on 04/07/2006 7:38:24 PM PDT by SauronOfMordor (A planned society is most appealing to those with the hubris to think they will be the planners)
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To: SubGeniusX

oops ... brain fart

Queue Mantra ....

If you are not doing anything wrong you have nothing to worry about...


18 posted on 04/07/2006 7:38:34 PM PDT by SubGeniusX
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To: SubGeniusX
If you're not doing anything wrong you have nothing to worry about .....

Except for malicious opportunists -- if they existed, which, we know, of course, they do not, because it's illegal to be one of those.

There was a version of this mantra in Orwell's 1984, I think, but I can't recall it.

19 posted on 04/07/2006 7:40:48 PM PDT by the invisib1e hand (blah)
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To: mo
Oh, that is cute; cute like a little kitten...one of the millions of little kittens that the mama cat has had, now that she's out of the bag.

Calling a genius lawyer to find a way to enforce intellectual property rights protection over all information associated with an individual's identity -- think of the class action possibilities! -- sue for royalties and damages!

20 posted on 04/07/2006 7:45:23 PM PDT by the invisib1e hand (blah)
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