[E-B] EFF: Secret Surveillance Evidence Unsealed in AT&T

[EFF Press]

Spying Case
Reply-To: press at eff.org

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, June 12, 2007

Contact:

Cindy Cohn
   Legal Director
   Electronic Frontier Foundation
   cindy at eff.org
   +1 415 436-9333 x108 (office), +1 415 307-2148 (cell)

Kurt Opsahl
   Senior Staff Attorney
   Electronic Frontier Foundation
   kurt at eff.org
   +1 415 436-9333 x106

Secret Surveillance Evidence Unsealed in AT&T Spying Case

Whistleblower Declaration and Other Key Documents Released
to Public

San Francisco - More documents detailing secret government
surveillance of AT&T's Internet traffic have been released
to the public as part of the Electronic Frontier
Foundation's (EFF's) class-action lawsuit against the
telecom giant.

Some of the unsealed information was previously made public
in redacted form.  But after negotiations with AT&T, EFF
filed newly unredacted documents describing a secret,
secure room in AT&T's facilities that gave the National
Security Agency (NSA) direct access to customers' emails
and other Internet communications.  These include several
internal AT&T documents that have long been available on
media websites, EFF's legal arguments to the 9th Circuit,
and the full declarations of whistleblower Mark Klein and
of J. Scott Marcus, the former Senior Advisor for Internet
Technology to the Federal Communications Commission, who
bolsters and explains EFF's evidence.

"This is critical evidence supporting our claim that AT&T
is cooperating with the NSA in the illegal dragnet
surveillance of millions of ordinary Americans," said EFF
Legal Director Cindy Cohn.  "This surveillance is under
debate in Congress and across the nation, as well as in the
courts.  The public has a right to see these important
documents, the declarations from our witnesses, and our
legal arguments, and we are very pleased to release them."

EFF filed the class-action suit against AT&T last year,
accusing the telecom giant of illegally assisting in the
NSA's spying on millions of ordinary Americans.  The lower
court allowed the case to proceed and the government has
now asked the 9th U.S. Circuit Court of Appeals to dismiss
the case, claiming that the lawsuit could expose state
secrets.  EFF's newly released brief in response outlines
how the case should go forward respecting both liberty and
security.

"The District Court rejected the government's attempt to
sweep this case under the rug," said EFF Senior Staff
Attorney Kurt Opsahl.  "This country has a long tradition
of open court proceedings, and we're pleased that as we
present our case to the Court of Appeals, the millions of
affected AT&T customers will be able to see our arguments
and evidence and judge for themselves."

Oral arguments in the 9th Circuit appeal are set for the
week of August 13.

For the unredacted Klein declaration:
http://eff.org/legal/cases/att/SER_klein_decl.pdf

For the internal documents:
http://eff.org/legal/cases/att/SER_klein_exhibits.pdf

For the unredacted Marcus declaration:
http://eff.org/legal/cases/att/SER_marcus_decl.pdf

For EFF's 9th Circuit brief:
http://eff.org/legal/cases/att/9thanswerbrief.pdf

For more on the class-action lawsuit against AT&T:
http://www.eff.org/legal/cases/att/

For this release:
http://www.eff.org/news/archives/2007_06.php#005304

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


     -end-

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