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EFF's Class-Action Lawsuit Against AT&T for Collaboration with Illegal Domestic Spying Program

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The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive, illegal program to wiretap and data-mine Americans' communications. On July 20, 2006, a federal judge denied the government's and AT&T's motions to dismiss the case, allowing the lawsuit to go forward.

The EFF lawsuit arose from news reports in December 2005, which first revealed that the NSA has been intercepting Americans' phone calls and Internet communications without any court oversight and in violation of the privacy safeguards established by Congress and the U.S. Constitution. This surveillance program, purportedly authorized by the President at least as early as 2001, apparently intercepts and analyzes the phone and Internet communications of millions of ordinary Americans.

But the government did not act—and is not acting—alone. EFF's lawsuit alleges that AT&T has given the NSA unchecked backdoor access to its communications network and its record databases. On behalf of a nationwide class of AT&T customers, EFF is suing to stop this illegal conduct and hold AT&T responsible for violating the law and the fundamental freedoms of the American public.

AT&T moved to dismiss the case, basically arguing that it should be immune from suit because "whatever we did, the government told us to." The U.S. government also moved to dismiss the case, arguing that allowing the case to go on would necessarily reveal "state secrets" that would harm national security. But in July, U.S. District Judge Vaughn Walker issued a decision denying both motions.

As Judge Walker wrote when dismissing AT&T's immunity claims, "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal." Judge Walker also flatly rejected the government's secrecy argument: "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."

The case is now on appeal before the 9th Circuit.

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Key orders from Judge Walker

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Categories:

Hepting Appeal to the 9th Circuit

Al-Haramain Appeal to the 9th Circuit

Complaint

Class action certification

Court Schedule and Administration

Discovery

Motions to Dismiss and State Secrets Issues

Motions to Stay

Preliminary Injunction

Recusal

Sealing and Return of Evidence Motions

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Related Links

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About AT&T's Daytona Database (External)

Other NSA Domestic Spying Lawsuits

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