Tuesday, November 07, 2006

Court Grants Appeal in AT&T Spying Case

Via The EFF.

The U.S. 9th Circuit Court of Appeals announced today that it will hear the U.S. government's and AT&T's appeal of a district court's decision allowing the Electronic Frontier Foundation's (EFF's) case against AT&T to go forward. The lawsuit alleges that AT&T collaborated in the National Security Agency's (NSA's) illegal spying program. The 9th Circuit did not rule on the merits of the appeal.

By this appeal, the U.S. government and AT&T are asserting that the so-called "state secret privilege" prevents the federal judiciary from determining whether the spying program is legal or not. In July, U.S. District Court Judge Vaughn Judge Walker ruled that the case could continue, noting that "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."

More here.

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