Posted on 04/09/2006 8:52:26 PM PDT by Lorianne
EFF Files Evidence in Motion to Stop AT&T's Dragnet Surveillance Internal AT&T Documents Had Been Temporarily Held Back Due To Government's Concerns
San Francisco - 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."
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 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. Over the ensuing weeks, it became clear that the NSA program has been intercepting and analyzing millions of Americans' communications, with the help of the country's largest phone and Internet companies, including AT&T.
"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.
For the notice of motion for preliminary injunction: http://www.eff.org/legal/cases/att/NotMot.pdf
For the motion to lodge under temporary seal: http://www.eff.org/legal/cases/att/MotionReSealing.pdf
For more on EFF's suit: http://www.eff.org/legal/cases/att/
"Geeks helping Osama" would be a better title.
This has nothing to do with Osama. What they are attempting to track is banking transactions to offshore banks by US citizens.
I agree, the stated reason will be "terrorism" but the real reason will be "taxes".
In short, if you didn't already have the account info, the bank transaction data would be hard to crack, voluminous, and nearly worthless to acquire.
Last but not least, the IRS can already walk into your bank or house and demand financial records whenever they feel like it, so why involve the NSA?
The NSA does't bother with bank transactions unless there's already a national security interest in the records.
They're after phone calls and emails, i.e. jhadis, not your secret Thai gold-bug accounts.
See above.
The 4th and 5th Amendments aren't entirely dead letters just yet.
And spare me the 'if you aren't doing anything wrong' crap. That don't fly around here.
L
Glad to see this is being exposed. I was considering a switch to ATT's high speed internet. If they are sharing user information in this manner, I'll not ever give them business.
Get a grip.
It's illegal to put money in off-shore accounts? Like Switzerland? Why would the NSA care? Is Osama writing the check that you cash and then deposit the money in the numbered account in Zurich?
You obviously have a problem comprehending standard English. The article makes clear that all AT & T's domestic traffic is being routed to the NSA.
For the Standard English impaired 'domestic' means it happens inside the borders of the U.S. Thus, all the Constitutional protections accorded should apply.
Why the disdain for the Constituional protections Americans fought and died to protect? Are you some sort of Communist or something?
L
More posts here:
http://www.freerepublic.com/focus/f-news/1611323/posts
Example: Achmed calls his jihadi-associated in-laws in Peshawar. The NSA grabs the call based on the Pakistani destination. 15 minutes later Achmed asks for a large halal cheese pizza from the local Pizza Hut. This call also gets dumped into the NSA analyzers.
And the problem here is? We're not talking about the US attorney trolling for kiddie phone sex.
This is a military intel op headed by a uniformed general at the NSA, not a law enforcement action. It doesn't need a frigging warrant.
You worry about your liberties? The Lockean test is when the 'body of the people' feel oppressed. Are you feeling oppressed? I mean, what good are jack-booted instruments of Chimpy McBushitlerean oppression if there's no intimidation?
You see the problem addressed by the Fourth Amendment is not an invasion of your 'privacy' but 'unreasonable search and seizure,' i.e the intimidation of political opponents by constantly seizing their property and physically seraching their homes. That kind of activity obviously and immediately causes intimidation. Explain to me how a narrowly targeted NSA analysis program meets that definition?
For all the conservatives around here, there sure are a lot who have bought into the bong-hit crayola version of the Constitution re-written by the SCOTUS the past 50 years, not the real thing.
FinCEN looks at those transactions.
FinCEN looks at those transactions.
"Glad to see this is being exposed. I was considering a switch to ATT's high speed internet. "
ATT is a major internet backbone...
So lots of your data, email..etc have already been
sent to the NSA... regardless of who owns your isp.
Internet data travels in strange ways...packets get routed
through all sorts of providers...when your packets get routed through a compromised system it has been delivered into their hands.
A good way to finally end the evil of internet gambling.
?
If the Feds have some reason to believe there are crimes occuring on American soil committed by American citizens there are procedures to follow.
The 4th and 5th Amendments aren't entirely dead letters just yet.
And spare me the 'if you aren't doing anything wrong' crap. That don't fly around here.
Amen, Lurker.
FReepers ought to know better than toss their privacy away just because somebody whispers "state security".
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