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Secret Surveillance Evidence Unsealed in AT&T Spying Case
Kansas City InfoZine ^ | July 12, 2007 | EFF

Posted on 06/13/2007 5:35:07 PM PDT by SubGeniusX

Whistleblower Declaration and Other Key Documents Released to Public

San Francisco, CA - infoZine - 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 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: aclu; bigbrother; dontspyonmuslims; liberalparanoia; pcwillkillus; pimpinforlegalfees; spyingonterrorists
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For the unredacted Klein declaration: PDF

For the AT&T internal documents: PDF

For the unredacted Marcus declaration: PDF

For EFF's 9th Circuit brief: PDFPDF

For more on the class-action lawsuit against AT&T: EFF Link to case

This is why I use TOR....

1 posted on 06/13/2007 5:35:08 PM PDT by SubGeniusX
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To: traviskicks
"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."

Ping
2 posted on 06/13/2007 5:36:10 PM PDT by SubGeniusX ($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
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To: SubGeniusX; Abram; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allosaurs_r_us; amchugh; ...
""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."





Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
3 posted on 06/13/2007 5:40:06 PM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: SubGeniusX
9th Circuitus appeal
4 posted on 06/13/2007 5:43:46 PM PDT by ChadGore (VISUALIZE 62,041,268 Bush fans. We Vote.)
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To: SubGeniusX

>>
This is why I use TOR....<<

When you use TOR don’t you have data from other people passing through your computer? That concerns me - I know I’m not doing anything I’m ashamed of but who knows what other TOR users might be doing.


5 posted on 06/13/2007 5:46:11 PM PDT by gondramB (Do not do to others as you would not wish done to yourself. Thus no murmuring will rise against you.)
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To: SubGeniusX
What's amazing, had this happened under Clinton, Republicans would have been foaming at the mouth.

Putting aside the Big Brother implications, I'm amazed the NSA continued to partner with AT&T when AT&T was careless enough to leave documents publicly available on their website.
6 posted on 06/13/2007 5:52:58 PM PDT by af_vet_rr
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To: traviskicks
Anyone not concerned by Big Brother is an utter fool.

What irritates me greatly are the “conservatives” who are so supportive of NSA intrusions solely when an (R) is in office, but b!tch and moan then there’s a (D). Hypocrites.

7 posted on 06/13/2007 5:54:41 PM PDT by mgstarr (KZ-6090 Smith W.)
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To: SubGeniusX
Quite frankly, I’m more concerned about the surveillance and possible censorship here.
8 posted on 06/13/2007 5:58:55 PM PDT by Cornpone (Islam: The world's greatest, preventable and treatable psychosis. ©2006Cornpone)
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To: gondramB

what is TOR?

TIA.


9 posted on 06/13/2007 5:59:25 PM PDT by the crow (I'm from the government. I'm here to help.)
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To: traviskicks

i sure hope they are. remember fort DIx and that airport in new jersey


10 posted on 06/13/2007 5:59:49 PM PDT by camas
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To: gondramB
As long as your network is secure the data packet flowthrough is no danger --- I actually use a Tor/Privoxy combo similar to this - HOWTO: Anonymity with Tor and Privoxy


"I always feel like ..."

Click Here for the video. (you know you want to)
11 posted on 06/13/2007 6:01:50 PM PDT by SubGeniusX ($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
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To: the crow

Try This

http://tor.eff.org/overview.html.en


12 posted on 06/13/2007 6:15:58 PM PDT by SubGeniusX ($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
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To: mgstarr

You obviously didn’t see the hatchet job done on NSA and ATT by CNN on this story, but the FBI agent in the area said that the program had given them important intelligence about possible terrorist operations.

Stop being paranoid about the wrong programs. Worry about what the FCC can do to radio talk shows, or Democrat-controlled congressional committees are trying to do to get documents that fall purely under Executive Privilege, or how the Democrats in Congress are covering up subversion and criminal activities among their own members.

Scratch John Conyers, Tom Harkin, George Miller, etc and see what oozes out.

How about Pelosi and Feinstein and their ethics violations re Samoa, InfoUSA, etc?

The game of intelligence has changed, and if we don’t change our tactics and catch-up, it will be too late to prevent a national terrorist act. I live near the Pentagon and heard/felt the blast on 9/11. Intelligence failed then(due to Clinton’s gutting of the national intelligence system, just like Carter did in the 70’s re Iran and Nicaragua).

Electronic sweeping, which is not surveillance, is a key weapon in the war against terrorism. Live with it, or be prepared to die.


13 posted on 06/13/2007 6:24:48 PM PDT by MadMax, the Grinning Reaper (Madmax, the Grinning Reaper)
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To: Max Friedman

I worked for the CIA in the late 80’s. Don’t even start.


14 posted on 06/13/2007 6:36:40 PM PDT by mgstarr (KZ-6090 Smith W.)
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To: Max Friedman; mgstarr
...Live with it, or be prepared to die.

EVERYBODY PANIC!!
15 posted on 06/13/2007 6:47:26 PM PDT by SubGeniusX ($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
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To: SubGeniusX

AHHHHHHHHHHHHHHHH!!!!!!!!!!


16 posted on 06/13/2007 6:49:30 PM PDT by 383rr (Those who choose security over liberty deserve neither- GUN CONTROL=SLAVERY)
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To: SubGeniusX
Nicely done, but don't expect a warm reception. In the past when I have criticized these programs on FR I've had the negative spew coming at me so fast I couldn't keep up with it. For example.
17 posted on 06/13/2007 6:54:57 PM PDT by JTN ("I came here to kick ass and chew bubble gum. And I'm all out of bubble gum.")
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To: SubGeniusX
Guess this quote is quite outdated for some:

They who would give up an essential liberty for temporary security, deserve neither liberty or security.
B. Franklin

18 posted on 06/13/2007 6:57:46 PM PDT by mgstarr (KZ-6090 Smith W.)
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To: JTN

They only get concerned when there’s a (D) in office, otherwise it’s fine.

Party over principle.


19 posted on 06/13/2007 7:00:31 PM PDT by mgstarr (KZ-6090 Smith W.)
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To: mgstarr

Not just outdated, but also counterproductive. We gave up a lot of freedoms during WW2, won the war, and regained those “rights” (censorship, travel limitations, rationing, etc).

It is a whole new ballgame today, and the winner takes all. You need security in order to make sure that “liberty” will still be around. This doesn’t mean that we do stupid things, but to do literally nothing or half-measures will only mean that we will lose.

One nuke can really ruin your day. Ask the Japanese.


20 posted on 06/13/2007 7:06:38 PM PDT by MadMax, the Grinning Reaper (Madmax, the Grinning Reaper)
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