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EFF Case Against AT&T To Go Forward

Tyler Too writes "The NSA wiretap lawsuit filed by the EFF will apparently be moving forward. A federal judge has denied the government's request that the EFF's lawsuit against AT&T be dismissed. Among other things, the judge ruled that 'if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security.' The case will now move forward, pending a government appeal."

30 of 227 comments (clear)

  1. I Like His Logic by Winckle · · Score: 4, Funny

    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Sounds like the "terrorists" might've won.

    But sounds good to me, but i'm a filthy liberal.

    1. Re:I Like His Logic by Tackhead · · Score: 4, Funny
      > Sounds like the "terrorists" might've won.

      <voice=texan>
      An' they hate us for our freedom. So...
      </voice>

      > But sounds good to me, but i'm a filthy liberal.

      <voice=texan>
      Yeah, it's all your fault! Fer six years some folks have been complaining that the government isn't listening to the people... an' now that it does, y'all are haulin' us into court for it! What gives?
      </voice>

    2. Re:I Like His Logic by Vicissidude · · Score: 3, Funny

      No, in this case, the problem isn't the filthy lib'rals, but them thar activist judges!

    3. Re:I Like His Logic by WhatAmIDoingHere · · Score: 4, Insightful

      My right to live my life without being molested on a constant basis by the government outweighs your right to not get blown up.

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:I Like His Logic by blincoln · · Score: 5, Insightful

      am not saying this to be mean or short-sighted but every time I see a very liberal person taklign about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been. Does it matter that they were talking about a recipe for fried chicken or a rendezvous at a restaurant? No.

      That's funny. Every time I hear a very stereotypically "conservative" American talking about the wiretapping/phone records issue, they genuinely come across to me as someone who would rather see Americans live under constant surveillance with no actual freedom than have one single person stand a chance of being killed (or even injured) by some nebulous "terrorist" bogeyman-of-the-week.

      The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with blind hatred of the Bush administration, and by extension, the military and intelligence communities.

      The thing is, I can't figure out if it's blind stupidity alone, or stupidity mixed with a blind hatred of anything they perceive as "liberal."

      The issue here is not the NSA listening in on one particular person giving a recipe to a friend. It is the mentality that a surveillance society is a good thing. The NSA wiretaps are a product of that mentality, with the logical conclusion of it being totalitarianism. That is why people like me want to see programs like this smashed *now*, before they get even more out of hand.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    5. Re:I Like His Logic by Beryllium+Sphere(tm) · · Score: 5, Informative

      You say
      >they genuinely come across to me as someone who would rather see people DIE as in DEAD than have one single person's phone call monitored that shouldn't have been.
      Patrick Henry said
      "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!"

    6. Re:I Like His Logic by geminidomino · · Score: 4, Funny

      I think as opposed to "DEAD" as in "jiggly beach vollyball"

    7. Re:I Like His Logic by mrchaotica · · Score: 3, Insightful

      The difference is who it's being applied to. Private citizens have a right to privacy (that's why they're called "private!"); the government does not.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  2. Either the EFF is fast or /. is slow by Skyshadow · · Score: 5, Insightful
    I just got the EFF's "we're winning, now please donate more cash" spam and surfed over here to see if there were details. Scary how the two lined up so perfectly.

    So yeah, if you have a few bucks, they could probably use it. I realize it's only our basic liberties, but let's be honest -- if you don't donate your spare cash to the EFF, you're just going to waste it on booze.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
  3. Hmm... by Poromenos1 · · Score: 5, Funny

    "if the government has been truthful in its disclosures, divulging information on AT&T's role in the scandal should not cause any harm to national security."

    Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

    --
    Send email from the afterlife! Write your e-will at Dead Man's Switch.
    1. Re:Hmm... by Soko · · Score: 4, Insightful

      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      No, it's not like that. It's more like this:

      "If you have been truthful to previous investigaters about your involvement in this, you won't mind us investigating your pal over here for any wrong-doing on his part."

      The US Govt. tried to have the case against AT&T thrown out - not a case against itself. It's quite a diffrent matter.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Hmm... by GigsVT · · Score: 5, Insightful


      Is that like "if you have nothing to hide, you won't object to surveillance"? Seriously, poor government!

      Absolutely.

      The government is supposed to be "surveilled" by the public. It is our responsibility to watch the government as closely as we can. It's not hypocritical to object to cameras on street corners but to lobby for cameras in police cars. They work for us, not the other way around.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  4. How Far Into the Rabbit Hole Are We? by kravlor · · Score: 4, Insightful

    I certainly look forward to seeing just how much the phone companies have been aiding the NSA. With the abuses leaked regarding the "terrorist surveillence program" related to international phone calls, the warrantless surveilance of American citizens certainly needs to be dragged, kicking and screaming, into the light of day.

    1. Re:How Far Into the Rabbit Hole Are We? by AuMatar · · Score: 5, Insightful
      Intended to protect American citizens? Bullshit. Its intended to increase the powers of the government, its precisely *against* the founding principles of the US.

      Given that the wiretaps were specifically aimed at people who made calls to or received calls from known terrorist phone numbers


      No, they weren't. If thats all they were aimed at, the government would get a *warrant* against them. You know, like they've done hundreds of times in the past. The government was data mining the phone records of the *entire nation* not of specific people.

      On a side rant- known terrorists? Its been proven in a court of law? Or they confessed to it? No? Then they aren't known terrorist, they're *suspected* terrorists, and are innocent until proven guilty.

      Shame on them for this.


      Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.
      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:How Far Into the Rabbit Hole Are We? by flooey · · Score: 5, Interesting

      No one has been blackmailed or otherwise had any information misused.

      Yeah, I mean it's not like they've been using it to discover reporter's confidential sources or anything.

    3. Re:How Far Into the Rabbit Hole Are We? by Anthony+Boyd · · Score: 4, Insightful
      Shame on them? No, shame on you. Shame on you for throwing away our freedoms, shame on you for pissing all over the Constitution. And shame on the rest of America for letting sheep like you throw away what generations have fought and died for.

      My God. Your post makes me want to weep. Partly because I'm just so thrilled to see someone stand up for the Constitution is such stark terms. But partly because it's completely sad to think that a post like yours is rare enough to evoke such a reaction. :(

    4. Re:How Far Into the Rabbit Hole Are We? by mrchaotica · · Score: 3, Funny
      mis-named Patriot Act

      It's not mis-named; the Ministry of Truth named it that on purpose!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  5. A First in History by ToAllPointsWest · · Score: 4, Interesting

    AFAIK, the government has always gotten "national security" cases such as this thrown out of court, this change represents a very good historical first! The Right of Petition is still alive in the US!!!!

    --
    They came for the Communists, and I didn't object - For I wasn't a Communist; They came for the Socialists, and I didn'
  6. The balance begins to reassert itself. by N.+Vander+Ende · · Score: 5, Interesting

    It's nice to see the intended balance of power in our government begin to stabilize once more. When one or more sides start to get out of hand, the other side steps in! Sort of like rock-paper-scissors, but C-SPAN covers the matches. I eagerly await the incensed cries of "activist judges!"

    --
    A man once asked the Prophet, "What is a sin?" The Prophet Muhammed replied, "When something pricks your conscience, gi
  7. Judicial branch doing it's job by shuz · · Score: 5, Interesting

    It is nice to see the Judicial branch keep the Executive branch in check. What's even nicer is that the lower court will have the power to see if the Executive branch has been telling the truth without going to the supreme court. As a US citizen I am comforted by this news.

    --
    There is or can be built a machine that can simulate any physical object. -Church-Turing principle
  8. Re:Btw... by fohat · · Score: 5, Funny

    IANAL and didn't RTFA, but AFAICT the EFF stands for the Electronic Frontier Foundation.

    --
    Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
  9. I'm stupid by Anonymous Coward · · Score: 5, Insightful
    I guess I'm stupid.

    I don't understand how invading a country protects my freedom. Or how, terrorists threaten my freedom. They can blow shit up all they want, but I still have freedom of speech and religion. Or how by violating our civil rights, our Government protects our freedom. How is this true??

    The only threat to my freedom has been my own Government. They are the ones (and unfortunately, the majority is letting them) who are trying to restrict the freedom of the press with their lawsuits over leaks. They are the ones who are violating citizens rights by spying on them.

    This case is protecting our rights and fredoms that, let's see, were violated by our Government.

    I'd rather live free and live with the vry remote possiblity of dying in a terrorist attach than having my Government take my rights away to protect my Freedom!

    I've been voting and writing letters, but, unfortunately, the cowards run the show.

    1. Re:I'm stupid by mirio · · Score: 4, Insightful

      AC, you are right on the mark.

      When people talk about freedom (real freedom, not the politician's word), what are they talking about? FREEDOM FROM GOVERNMENT.

      Governments are to be feared. The natural tendency of any government to expand it's power over it's people must be continuously fought.

  10. More like... by jd · · Score: 3, Insightful
    "If you've not commited any crimes with your friend, you won't have anything to worry about if I ask your friend if he's commited any crimes with you", which does reduce to the grandparent post's phrasing. Basically, the judge is daring the Government to either let the case through (and risk disclosure) -or- be found guilty of lying.


    Since the Government isn't a defendent, and as the US has no meaningful concept of "contempt of court" or perjury, the court can't do anything about it if the Government is found guilty of lying. On the other hand, this is election year, which is not a good year to be found guilty of anything, even if there is nothing the courts can do.


    My guess is that the Government will do anything and everything to stall proceedings, such that if there is a trial, there's absolutely no risk of anything embarassing being said before polling day. If they're in power, they can clean things up afterwards. If they're not, it's no longer their problem.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:More like... by AuMatar · · Score: 4, Informative

      Of course, the republicans have set a nice precedent of impeachment proceedings for perjury by the executive branch...

      --
      I still have more fans than freaks. WTF is wrong with you people?
  11. Re:no career ambitions by bersl2 · · Score: 5, Informative

    Federal judges sit until resignation, death, or impeachment and conviction by the Senate, for this very reason.

  12. sad by Anonymous Coward · · Score: 5, Insightful

    Is it so sad or what that it is in fact the two elected branches of government that are running the country into the ground while the other one with its appointments and life terms is the only thing standing in their way? I'm beginning to think people are really that stupid.

  13. Re:Some degree of balance by vertinox · · Score: 5, Insightful
    Funny... If you replaced your words with another famous "uhampered" security group we all know of we get something like this:

    Personally I think we should let the Gestopo do its job. When Gestopo data starts being used to find Christian Democrats and Socialists we've got a problem, but as long as its used for national defense and national defense only I personally think its a good idea to let them do there job unhampered. Imagine if the Reichstag fire had been prevented by such a program? When I say national defense I mean attacks like Reichstag fire, Soviet invasions, etc. things killing hundreds or thousands of people.

    Ironically, unhampered security groups do lead to invasions and killing of hundred of thousands of people. Personally I don't think that the NSA is even remotly comparable to the Gestopo, but what if in 20 years a power hungry psycho uses the massive amount of power we let the NSA have today to declare a defacto dictatorship?

    If we make the Presidency so powerful and unhampered as well as its agencies then corrupt evil people desiring power will seek this position. We must keep the Presidents and security groups in check so that this never happens.
    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  14. Misleading Ars Article Title by Mad+Martigan · · Score: 3, Informative
    The Ars article's title was: Federal judge doesn't buy state secrets argument in NSA wiretap case, which I think is a little misleading. Read this passage from State Your Secrets (an article by Louis Fisher appearing in the June, 2006 edition of Legal Times, reprinted courtesy of Steven Aftergood of the Federation of American Scientists)


    The responsibility for deciding questions of privilege and access to evidence is central to the role of a judge in conducting a trial.

    This authority is well established. In his well-known 1940 treatise on evidence, John Wigmore recognized the existence of "state secrets" but also concluded that the scope of the privilege had to be decided by a judge, not executive officials. He agreed that there "must be a privilege for secrets of State, i.e. matters whose disclosure would endager [sic] the Nation's governmental requirements or its relations of friendship and profit with other nations." Yet he cautioned that this privilege "has been so often improperly invoked and so loosely misapplied that a strict definition of its legitimate limits must be made."

    Wigmore considered the claim of "state secrets" so abstract and useless that he divided it into eight categories, including exemptions from giving testimony, attending court, providing evidence by deposition, and disclosing communications by informers to government prosecutors. But on the duty to give evidence, he was unambiguous: "Let it be understood, then, that there is no exemption, for officials as such, or for the Executive as such, from the universal testimonial duty to give evidence in judicial investigations." An exemption from attendance in court "does not involve any concession either of an exemption from the Executive's general testimonial duty to furnish evidence or of a judicial inability to enforce the performance of that duty."

    Wigmore came down clearly on which branch should determine the necessity for secrecy. It was the judiciary: "Shall every subordinate in the department have access to the secret, and not the presiding officer of justice? Cannot the constitutionally coördinate body of government share the confidence? The truth cannot be escaped that a Court which abdicates its inherent function of determining the facts upon which the admissibility of evidence depends will furnish to bureaucratic officials too ample opportunities for abusing the privilege . . . Both principle and policy demand that the determination of the privilege shall be for the Court."


    Basically, he's saying that, yes, there are state secrets, but the judiciary -- not the executive -- is responsible for determining how trials involving state secrets proceed. This idea of someone crying 'State Secrets!!!1!!1!one!11!!!' and automatically getting a case tossed out is relatively new, and, as most of us here believe, contrary to the basic premise of the court system.
  15. Re:VAUGHN not JOHN Walker by Zathrus · · Score: 4, Informative
    This is ND California, not court of appeals.

    Aw crap... in researching the judge I did a more general search and pulled up the wrong judge.

    Oddly, the real Judge Vaughn Walker was also appointed by Reagan and then appointed Chief Justice by George H. W. Bush. But, as you state, to the N.D. of California, not to the 2nd Circuit Court of Appeals (which is in an entirely different part of the country).

    So this probably was a "career limiting" move if the neo-cons retain control of the Republican party. They certainly won't reward him with a Appelatte court position and the Democrats are unlikely to appoint a conservative judge to the 9th.

    Which makes it an even better story really... since it means that he's likely ruling with the law rather than with politics. And, better yet, it means the appeal has to go to the 9th Appellate court, which is unlikely to overturn his decision.

    Someone go mod down my earlier post. Thanks.