In addition to its current wiretap lawsuit against AT&T (which the government is trying to dismiss), the EFF has filed suit against Cheney, Gonzales, and a host of others.
By suing the government directly, the EFF is attempting to undermine the government's plan to use a new power handed to it by Congress in July. The so-called telecom immunity provision nearly automatically forces a judge to dismiss lawsuits against companies accused of helping the government spy -- without court approval -- on the phone and internet communications of Americans.
Last week, the government told a federal court judge overseeing some 38 cases against the telecoms that it would file those papers on AT&T's behalf by Friday.
Thursday's potential class action suit against the government -- filed in federal district court in Northern California -- seeks a halt to the program, an accounting of who was spied on and damages for the five named plaintiffs.
It also names high government officials -– in their official and personal capacities -- putting them at risk of fines they would be personally liable for.
Among those listed – former Attorney General John Ashcroft, former Attorney General and White House Counsel Alberto Gonzales, Vice President Dick Cheney, and Cheney's chief of staff David Addington, along with current and former heads of intelligence agencies involved in the spying.
"In addition to suing AT&T, we've now opened a second front in the battle to stop the NSA's illegal surveillance of millions of ordinary Americans and hold personally responsible those who authorized or participated in the spying program," said senior staff attorney Kevin Bankston.
The suit argues the spying violated federal wiretap law, the First Amendment's guarantee of anonymous speech and the Fourth Amendment's guarantee against unreasonable searches.
Others have challenged the government program directly, but no one has succeeded so far. The EFF hopes the whistle-blower evidence it has used to keep the AT&T case alive will also work to prove it has a right to sue the feds as well.
The EFF plans to contest the legality of the so-called telecom immunity powers -- but wants to have another avenue to pursue its goal of having the program declared illegal.
Though the full extent of the secret spying is not known, media reports indicate the government collected phone calls and emails – with the help of American telecoms -- where one party was inside the U.S. and one was outside the country.
Until recently, wiretapping law required court orders to collect that information inside the U.S.
The FISA Amendments Act of 2008, which largely legalized did not immunize the government or government officials.
By suing the government directly, the EFF is attempting to undermine the government's plan to use a new power handed to it by Congress in July. The so-called telecom immunity provision nearly automatically forces a judge to dismiss lawsuits against companies accused of helping the government spy -- without court approval -- on the phone and internet communications of Americans.
Last week, the government told a federal court judge overseeing some 38 cases against the telecoms that it would file those papers on AT&T's behalf by Friday.
Thursday's potential class action suit against the government -- filed in federal district court in Northern California -- seeks a halt to the program, an accounting of who was spied on and damages for the five named plaintiffs.
It also names high government officials -– in their official and personal capacities -- putting them at risk of fines they would be personally liable for.
Among those listed – former Attorney General John Ashcroft, former Attorney General and White House Counsel Alberto Gonzales, Vice President Dick Cheney, and Cheney's chief of staff David Addington, along with current and former heads of intelligence agencies involved in the spying.
"In addition to suing AT&T, we've now opened a second front in the battle to stop the NSA's illegal surveillance of millions of ordinary Americans and hold personally responsible those who authorized or participated in the spying program," said senior staff attorney Kevin Bankston.
The suit argues the spying violated federal wiretap law, the First Amendment's guarantee of anonymous speech and the Fourth Amendment's guarantee against unreasonable searches.
Others have challenged the government program directly, but no one has succeeded so far. The EFF hopes the whistle-blower evidence it has used to keep the AT&T case alive will also work to prove it has a right to sue the feds as well.
The EFF plans to contest the legality of the so-called telecom immunity powers -- but wants to have another avenue to pursue its goal of having the program declared illegal.
Though the full extent of the secret spying is not known, media reports indicate the government collected phone calls and emails – with the help of American telecoms -- where one party was inside the U.S. and one was outside the country.
Until recently, wiretapping law required court orders to collect that information inside the U.S.
The FISA Amendments Act of 2008, which largely legalized did not immunize the government or government officials.
topics:
Privacy,
Cheney,
Civil Liberties,
Government Eavesdropping,
Wiretapping,
Patriot Act,
Lawsuits,
First Amendment,
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- Mulcahey
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- added September 19, 2008
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