n Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records.
Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents 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. That same evidence is central to Hepting v. AT&T, a class-action lawsuit filed by EFF in 2006 to stop the telecom giant’s participation in the illegal surveillance program.
In addition to suing the government agencies involved in the domestic dragnet, Jewel v. NSA also targets the individuals responsible for creating, authorizing, and implementing the illegal program, including former President George W. Bush, former Vice President Dick Cheney, Cheney’s former chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales, and other individuals who ordered or participated in the warrantless domestic surveillance.
In April, the Obama administration moved to dismiss Jewel, claiming that litigation over the wiretapping program would require the government to disclose privileged "state secrets,” and that they were immune from suit. These are essentially the same or worse arguments than those made by the Bush administration when it first set out to dismiss EFF’s case against the AT&T back in 2006. The hearing on the government's motion to dismiss Jewel is set for July 15, 2009.
This is the Plaintiffs' Notice of Additional Evidence in Opposition to Government Defendants' Motion to Dismiss and For Summary Judgment.
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