Warrantless Wiretapping Cases At the 9th Circuit

sunbird writes "The EFF argued several critical cases yesterday before the Ninth Circuit Court of Appeals. Both Hepting v. AT&T and Jewel v. National Security Agency raise important questions regarding whether the NSA's warrantless wiretapping program (pdf summary of evidence), disclosed by whistleblower Mark Klein and implemented by AT&T and other telecoms, violates the Fourth Amendment to the U.S. Constitution. The full text of the Klein declaration and redacted exhibits are publicly available (pdf). ... The Klein evidence establishes that AT&T cut into the fiber optic cables in San Francisco to route a complete copy of internet and phone traffic to the 'SG3' secure room operated by the NSA. The trial court dismissed the Hepting lawsuit (pdf order) based on the 2008 Congressional grant of immunity to telecoms. Similarly, the trial court in Jewel dismissed (pdf order) the lawsuit against the government agencies and officials based on the state secrets privilege. Both cases were argued together before the same panel of judges. The audio of the oral argument will be available after noon PDT [17:00 GMT] today."

Comments

Re:The TLAs and Corporate Lackeys

[SilverHatHacker]

but if we elect a president next year we are completely at the mercy of corporate America.

FTFY. Unfortunately, the only viable form of government I can think of that's not subject to human corruption is SkyNet.

Lawsuits Cost Money

[bughunter]

Unfortunately, it seems like the only way to defend our constitutional rights these days is with lawyers, and lawyers cost money, even EFF's lawyers. And therefore, you and I and anyone who is not either a billionaire or a fictional legal person is at a severe disadvantage, almost impossible to overcome.

Therefore, if you have any money to donate, even if it's only $5, please follow the link in my sig and contribute to the few people who are really, truly fighting for your rights.

Re:The TLAs and Corporate Lackeys

[dkleinsc]

Why do the American patriots have to abandon our country to those who have corrupted it and blasphemed against liberty and justice? Why not fight back, and put our nation back on the path towards a better America?

The major reasons this doesn't happen are closely related to characteristics of true patriots that differ heavily from corporatists, classists, and authoritarians. Here are some of the bigger ones:
1. The patriots aren't willing to completely wreck the country if they don't get what they want.
2. The patriots aren't willing to cheat, and in most cases aren't willing to commit violent or property crime, in order to gain power.
3. Patriots who are not authoritarian are much less organized than authoritarians, who by their very nature are able to move in lock-step.
4. Patriots are aware that if the authoritarians turned the US military, or military contractors like Xe, on the US citizenry, the authoritarians would likely win, even if they lost would wreck the place in the process (see point 1).

Re:The TLAs and Corporate Lackeys

[element-o.p.]

What, exactly, have you been smoking for the last three years? The Dems are no different than the Neo-Cons. Both sides lie, cheat and steal to hold on to their power. Obama campaigned on "Hope and Change", but what, exactly, has he done differently than his predecessor? Bush authorized warrantless wiretapping and Obama promised to vote against telecom immunity for that...until he was elected president, and then, as one of his last actions while still he senator, he voted for the very bill he promised to oppose. Bush (rightfully) got raked over the coals for the Iraq War; Obama now is dodging the War Powers Act so we can get involved in Libya. Under Bush, TSA/DHS was created; under Obama, TSA initiated the AIT scanners/pat-downs at the airports.

Yeah, you can nitpick social issues like abortion and stem-cell research, but when push comes to shove, there really isn't a lot of difference between the two parties. Both of them are eager to drive the country to insolvency. Both endorse handouts to their corporate backers. Neither one is willing to make the hard choices that will get this country out of the hole we have dug for ourselves. Both parties are busy wiping their backsides with the Constitution while making the federal bureaucracy as bloated as possible, and neither party really gives a rip about how badly they trample the average joes like you and me in the mean time. If you think the Democrats are even remotely interested in making your life better, then, my friend, YOU are the one who hasn't been paying attention lately.