On Friday, Nov. 17 a federal judge in San Francisco will consider the next steps in the Electronic Frontier Foundation's (EFF) class-action lawsuit against telecommunications giant AT&T. On January 31, 2006 the EFF filed suit against the company, accusing AT&T of violating the law, as well as customer privacy in collaborating with the National Security Agency (NSA) in its program to wire tap and data-mine Americans' communications.
Other cases recently transferred to U.S. District Court Judge Vaughn Walker's courtroom include similar allegations against AT&T.
The U.S. government has intervened in EFF's case, contending that even if the NSA program is illegal, the lawsuit should be dismissed because it might expose "state secrets." Last week the government asked the judge to halt all proceedings until the 9th U.S. Circuit Court of Appeals rules on motions to dismiss the case.
Friday's case management conference will address how EFF's suit and other class-action cases might go forward, without implicating the state secrets privilege. It will also consider what discovery should proceed during the appeals process.
For some previous posts about the class-action lawsuit, see AT&T maintains secret room for NSA, documents allege and Don't Let AT&T off the hook.






While there are many troubling aspects to this case, one is particularly tragic. If the court does the right thing and attempts to hold the Bush Administration accountable, the judge will be decried as an "activist judge trying to legislate from the bench."
One of my fondest wishes these days is that the Supreme Court, including Justices Roberts and Alito, admonishes the Bush Administration regarding violations of civil rights and flagrant disregard for the Bill of Rights.
-- f
Posted by: Footpad | 17 November 2006 at 03:25
I'm still feeling appalled by the whole concept behind this. This IS still America, right? It's become more difficult to tell.
Posted by: tinker | 16 November 2006 at 05:30
Good grief! I hope the judicial system does the right thing.
Posted by: Colette | 16 November 2006 at 05:16
I'm glad the EFF is moving forward and taking on this egregious illegal act by BushCo and collaborators. Thanks for the update, T.
Posted by: JanePoe (aka Deborah) | 16 November 2006 at 01:52
I was shocked and disgusted when I first heard about this. Thank you for the reminder and update on this grotesque collaborative conspiracy between the Bush Administration and some of our phone companies. I believe QWest in the NW was one of the few companies that refused to participate in this crime against its own citizens and customers.
Posted by: Alexandra | 15 November 2006 at 22:09