In Re National Security Agency Telecommunications Records Litigation: Hepting, et al., v. AT&T., et al.

Joint Appellants' Reply Brief of All Plaintiffs-Appellants Except No. 09-16683

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In Hepting v. AT&T, EFF sued the telecommunications giant on behalf of its customers for violating privacy law by collaborating with the NSA in the massive, illegal program to wiretap and data-mine Americans’ communications.

Evidence in the case includes undisputed evidence provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

In June of 2009, a federal judge dismissed Hepting and dozens of other lawsuits against telecoms, ruling that the companies had immunity from liability under the controversial FISA Amendments Act (FISAAA), which was enacted in response to our court victories in Hepting. Signed by President Bush in 2008, the FISAAA allows the Attorney General to require the dismissal of the lawsuits over the telecoms' participation in the warrantless surveillance program if the government secretly certifies to the court that the surveillance did not occur, was legal, or was authorized by the president -- certification that was filed in September of 2008. EFF has appealled the decision to the 9th U.S. Circuit Court of Appeals, primarily arguing that FISAAA is unconstitutional in granting to the president broad discretion to block the courts from considering the core constitutional privacy claims of millions of Americans.

Please see full appellate brief below for more information.

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Published In: Communications & Media Updates, Constitutional Law Updates, Privacy Updates

Reference Info:Appellate Brief | Federal, 9th Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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