NationStates Jolt Archive


EFF goes after AT&T over domestic spying

The Nazz
01-02-2006, 07:33
Now this could get interesting. (http://www.eff.org/legal/cases/att/) There are already suits against the federal government over this program, but now someone is hitting private enterprise, which, it seems to me, would have far less in the way of legal protection.

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 and illegal program to wiretap and data-mine Americans' communications.

In December of 2005, the press revealed that the government had instituted a comprehensive and warrantless electronic surveillance program that ignored the careful safeguards set forth by Congress. This surveillance program, purportedly authorized by the President at least as early as 2001 and primarily undertaken by the NSA, intercepts and analyzes the communications of millions of ordinary Americans.

In the largest "fishing expedition" ever devised, the NSA uses powerful computers to "data-mine" the contents of these Internet and telephone communications for suspicious names, numbers, and words, and to analyze traffic data indicating who is calling and emailing whom in order to identify persons who may be "linked" to "suspicious activities," suspected terrorists or other investigatory targets, whether directly or indirectly.

But the government did not act-and is not acting-alone. The government requires the collaboration of major telecommunications companies to implement its unprecedented and illegal domestic spying program.

AT&T Corp. (which was recently acquired by the new AT&T, Inc,. formerly known as SBC Communications) maintains domestic telecommunications facilities over which millions of Americans' telephone and Internet communications pass every day. It also manages some of the largest databases in the world, containing records of most or all communications made through its myriad telecommunications services.

The lawsuit alleges that AT&T Corp. has opened its key telecommunications facilities and databases to direct access by the NSA and/or other government agencies, thereby disclosing to the government the contents of its customers' communications as well as detailed communications records about millions of its customers, including the lawsuit's class members.

The lawsuit also alleges that AT&T has given the government unfettered access to its over 300 terabyte "Daytona" database of caller information -- one of the largest databases in the world. Moreover, by opening its network and databases to wholesale surveillance by the NSA, EFF alleges that AT&T has violated the privacy of its customers and the people they call and email, as well as broken longstanding communications privacy laws.

The lawsuit also alleges that AT&T continues to assist the government in its secret surveillance of millions of Americans. EFF, on behalf of a nationwide class of AT&T customers, is suing to stop this illegal conduct and hold AT&T responsible for its illegal collaboration in the government's domestic spying program, which has violated the law and damaged the fundamental freedoms of the American public. Hell yeah. Go get 'em!
Cannot think of a name
01-02-2006, 07:47
Now this could get interesting. (http://www.eff.org/legal/cases/att/) There are already suits against the federal government over this program, but now someone is hitting private enterprise, which, it seems to me, would have far less in the way of legal protection.

Hell yeah. Go get 'em!
I'm in a small way a little torn. Part of me want's to say, "What's AT&T going to say to the NSA, no?" while another part wants to say, "Hell yes they should've said no!"

I wonder, if AT&T takes the hit for this but the federal government doesn't, what precedent does that set? Will it mean that private industry will be far less willing to participate in something that might get it sued? Will it just be a case of scapegoating, a lamb is offered up but the real perpetrators go unscathed?

I'm intrigued. I kinda lean ??? on this.
Lunatic Goofballs
01-02-2006, 08:41
I'm in a small way a little torn. Part of me want's to say, "What's AT&T going to say to the NSA, no?" while another part wants to say, "Hell yes they should've said no!"

I wonder, if AT&T takes the hit for this but the federal government doesn't, what precedent does that set? Will it mean that private industry will be far less willing to participate in something that might get it sued? Will it just be a case of scapegoating, a lamb is offered up but the real perpetrators go unscathed?

I'm intrigued. I kinda lean ??? on this.

AT&T should've insisted on a court order. Their attornies, should've warned them that just because some guy with a badgesays the President ordered it, doesn't make it legal. It's not a question of patriotism, it's a question of CYA(Cover Your Ass). I would expect a multi-billion dollar corporation to do a better job of that.
Cannot think of a name
01-02-2006, 08:52
AT&T should've insisted on a court order. Their attornies, should've warned them that just because some guy with a badgesays the President ordered it, doesn't make it legal. It's not a question of patriotism, it's a question of CYA(Cover Your Ass). I would expect a multi-billion dollar corporation to do a better job of that.
I certainly get that. It seems like a case of letting themselves get bullied. I could see the NSA playing a shell game with AT&T early on, but after a while someone should have been goin' "Yeah, aren't we supposed to be getting warrants within 72 hours?"

Certainly it does fall on institutions to uphold thier end of the bargin in protecting privacy and rights.

I'm having a harder time coming up with a defense of AT&T that doesn't involve a sort of false empathy over how they can be bullied. But it's not a black suit and sunglasses talking to a single minimum wage clerk, so I'm creating a cartoonish and not realistic view of how 'it' happened.

I'm being held up by the created image of a single clerk, when really it was not that simple.

So, I don't really have a defense of AT&T. Except maybe I'd like the hammer to fall towards the top with the perpitrators for once.
The Nazz
01-02-2006, 13:57
I'd certainly like to see the hammer fall on the people at the top as well, but LG is right--this doesn't happen without corporate cooperation, and it's easier to force discovery on a public entity than it is on a governmental one. It's possible that this sort of lawsuit opens up the government program through discovery.
The Cat-Tribe
01-02-2006, 14:08
Now this could get interesting. (http://www.eff.org/legal/cases/att/) There are already suits against the federal government over this program, but now someone is hitting private enterprise, which, it seems to me, would have far less in the way of legal protection.

Hell yeah. Go get 'em!

Too cool. Go EFF.