EFF YOU, AT&T

More info on this EFF lawsuit

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.

The idea, as far as I can tell, is that the government surveillance is illegal, and AT&T coperated with illegal activity. Note that AT&T’s privacy policy specifically allows a provision for government requests:

AT&T will not sell, trade, or disclose to third parties any customer identifiable information derived from the registration for or use of an AT&T online service — including customer names and addresses — without the consent of the customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others).

Of course, the implication is that the legal processes are in fact legal. If they aren’t, that seems like a breach of contract to me, and EFF might have a case. Unlike, for instance, the ACLU lawsuit against the NSA, this one is going for the family jewels.

The lawsuit request an injunction and damages under the statute. The laws provide that the victims can receive damages of at least $21,000 for each affected person.

As a member of a ‘hopeful society’, lets hope something comes of this, preferrably before November. As a citizen of America, however, I know that wont happen.

Ars technica: EFF sues AT&T to stop NSA spying

State secrets privilege, the use and abuse of which has been on the rise as government ineptitude becomes more visible in the information age, is based upon a legal precedent set in a 1953 case, and allows the executive branch to prevent the release of information on any “military matters which, in the interest of national security, should not be divulged…” With state secrets already having been invoked by the Bush administration for much smaller issues, it seems to me that the AT&T suit is ripe for some executive intervention.