The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive, illegal program to wiretap and data-mine Americans' communications.

This is the district court's order denying the government's summary judgment motion, without prejudice to its renewal following the 9th circuit's decision in Hepting v At&t, AND denying as moot the state officials' motions for summary judgment. Also noting that, after the 9th circuit issues an order in Hepting, the parties may renotice their cross motions.