NSA surveillance trawl of telcoms gets more exposure

The Electronic Frontier Foundation started an action against telecommunications giant AT&T alleging a secret and illegal government program to intercept and analyze vast quantities of Americans’ telephone and Internet communications, when it allowed the National Security Agency (NSA) to use AT&T equipment to wiretap US citizens as part of the President's domestic surveillance program.A hearing is scheduled for June 21st. (More >>)

The US Department of Justice says it will ask a federal judge to squash the class-action suit claiming that although the government is not a party to the suit, but without conceding that any of the allegations concerning its own activity are true, it nonetheless filed a Statement of Interest (PDFalert)also late on Friday (sneaking it out so it mises the weekend Press) saying the case endangered military and governmental secrets.They want to move to dismiss by May 12. For a superb explanation of this Secret States privilege (and what a lot of BS it all is) go to Glen Greenwald here.

On the same day AT&T filed separate notice (PDF alert) that it would move to dismiss the suit against it on June 8 on grounds," This motion is made on the grounds that there is no basis for personal jurisdiction over AT&T" ....."Does a court in the State of California have personal jurisdiction over AT&T Inc. where AT&T Inc. is a holding company that does not do business in California, AT&T Inc.has no presence in California and the Amended Complaint contains no specific factual allegations that AT&T Inc. was involved in the conduct challenged by the Amended Complaint?" (Wow !!)

Whistleblower retired AT&T employee Mark Klein said in a statement (in full at Wired) ;

"Based on my understanding of the connections and equipment at issue, it appears the NSA is capable of conducting what amounts to vacuum-cleaner surveillance of all the data crossing the internet -- whether that be peoples' e-mail, web surfing or any other data.

Given the public debate about the constitutionality of the Bush administration's spying on U.S. citizens without obtaining a FISA warrant, I think it is critical that this information be brought out into the open, and that the American people be told the truth about the extent of the administration's warrantless surveillance practices, particularly as it relates to the internet."

For more excellent comment see Glen Greenwald Fire Dog Lake the New York Times also a strange tale of FBI harassing an acdemic historian in WaPO , not missing either a strange court case in the Oregonian where the Judge has refused the US attempt to stop a case where attorneys claim privileged telephone conversation were intercepted by the mass NSA trawl, with their client, an Islamic charity.

There is also an interesting item at Secrecy News how CIA head Porter Goss said "After deliberation and personal consideration, I have determined that the bases for my assertion of the state secrets privilege cannot be filed on the public court record, or in any sealed filing accessible to the plaintiffs or their attorneys, without revealing the very information that I seek to protect," Director Goss stated in an unclassified March 16 Declaration (PDF alert). Almost nothing is known of the case identity of one of the government agencies , the defendants ( 3 Jane Does) have been withheld from disclosure.