{"id":9250,"date":"2006-08-01T15:05:17","date_gmt":"2006-08-01T22:05:17","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/2006\/08\/01\/feds-appeal-ruling-loss-in-the-effatt-case.html"},"modified":"2006-08-01T15:05:17","modified_gmt":"2006-08-01T22:05:17","slug":"feds_appeal_rul","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2006\/08\/01\/feds_appeal_rul.html","title":{"rendered":"Feds appeal ruling loss in the EFF\/AT&T case"},"content":{"rendered":"

A few weeks back, Judge Vaughan Walker ruled that the EFF<\/a> suit against AT&T<\/a> for allegedly turning over phone records to the NSA — an arguably illegal act — could continue. The Feds had argued that AT&T couldn’t say anything in the case because that would confirm (or deny) that the NSA had gotten such records, and to do so would be a Bad Thing as far as national security goes. Walker’s
\nresponse was, “Hey, guys, everyone knows they did it, or suspects it, so it’s hardly a secret to the Black Hats out there, right? Especially since you guys have already practically admitted it.”<\/p>\n

So now they’ve appealed to the 9th Circuit<\/a>.<\/p>\n

\n

In a 24-page brief filed on Monday, the Justice Department asked the 9th Circuit Court of Appeals to review the case because of the “serious risk” of disclosing sensitive information. “The district court has, in a highly unusual action, overruled the government’s assertion of the state secrets privilege, and has thereby placed at risk particularly sensitive national security interests,” the brief states.<\/p>\n<\/blockquote>\n

Because heaven forbid that someone should actually question the government when it says, “Sorry, you can’t see this, move along.”<\/p>\n

\n

The Bush administration has tried to derail the EFF’s lawsuit by invoking the “state secrets” privilege and has submitted statements from Keith Alexander, the NSA’s director, and John Negroponte, the director of national intelligence. The state secrets privilege generally permits the executive branch to dismiss lawsuits that could endanger the nation if allowed to proceed. <\/p>\n

Those arguments worked before a federal judge in Chicago. On July 25, U.S. District Court Judge Matthew Kennelly granted the Justice Department’s request to throw out another suit related to the NSA program<\/a> brought by the American Civil Liberties Union. <\/p>\n

But Walker, the judge in San Francisco, saw things differently in the EFF suit and ruled that “even the state secrets privilege has its limits.” Although the state secrets privilege might require that the case be halted at some point, he said, it should not be tossed out of courts before it could even properly begin. <\/p>\n<\/blockquote>\n

Let’s hope the 9th Circuit feels likewise.<\/p>\n

<\/p>\n

(via BoingBoing<\/a>)<\/p>\n

<\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

A few weeks back, Judge Vaughan Walker ruled that the EFF suit against AT&T for allegedly turning over phone records to the NSA — an arguably illegal act — could…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[17],"tags":[],"class_list":["post-9250","post","type-post","status-publish","format-standard","hentry","category-homeland-security"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":9660,"url":"https:\/\/hill-kleerup.org\/blog\/2006\/05\/17\/gagged.html","url_meta":{"origin":9250,"position":0},"title":"Gagged","author":"***Dave","date":"Wed 17-May-06 2:04pm","format":false,"excerpt":"Not only does AT&T not want to have to defend itself against civil suits regarding information it may have provided the NSA, it doesn't want anyone to know about the...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":44155,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/08\/05\/using-winston-smith-as-a-court-recorder.html","url_meta":{"origin":9250,"position":1},"title":"Using Winston Smith as a court recorder","author":"***Dave","date":"Tue 5-Aug-14 4:54pm","format":false,"excerpt":"But of course we must let the US Government secretly edit transcripts of open court testimony, because otherwise the terrorists will have won!Yeesh.This is one reason, by the way, I support the EFF.Reshared post from +Electronic Frontier FoundationUNSEALED: the US asked for permission to secretly alter public record of a\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":9334,"url":"https:\/\/hill-kleerup.org\/blog\/2006\/07\/26\/speculation_vs.html","url_meta":{"origin":9250,"position":2},"title":"Speculation vs. Certainty","author":"***Dave","date":"Wed 26-Jul-06 12:54pm","format":false,"excerpt":"You can't be told if they wronged you.\u00a0 And if you can't therefore prove it, you have no standing to claim damages. That's the summary of Judge Matthew Kennedy's dismissal...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":12837,"url":"https:\/\/hill-kleerup.org\/blog\/2008\/09\/19\/potpourri_for_a_tgif.html","url_meta":{"origin":9250,"position":3},"title":"Potpourri for a TGIF","author":"***Dave","date":"Fri 19-Sep-08 8:33am","format":false,"excerpt":"DARK, GLOOMY, AND\/OR SERIOUS EFF sues Cheney, Bush, and the NSA to stop illegal...\u00a0- Go, EFF! Go! As Bush\u2019s VP Vetter In 2000, Cheney \u2018Sidestepped The...\u00a0- Palin is a natural...","rel":"","context":"In "Big Business"","block_context":{"text":"Big Business","link":"https:\/\/hill-kleerup.org\/blog\/category\/big-business"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":13144,"url":"https:\/\/hill-kleerup.org\/blog\/2008\/07\/10\/continuing_the_fight.html","url_meta":{"origin":9250,"position":4},"title":"Continuing the fight","author":"***Dave","date":"Thu 10-Jul-08 9:40am","format":false,"excerpt":"While the approval of the FISA bill is a significant blow, the Electronic Frontier Foundation (EFF), who have been at the forefront of law suits against the telcos just...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":9305,"url":"https:\/\/hill-kleerup.org\/blog\/2006\/07\/29\/bt06_and_now_fo-2.html","url_meta":{"origin":9250,"position":5},"title":"BT06 – And Now for Something Completely Different …","author":"***Dave","date":"Sat 29-Jul-06 2:25pm","format":false,"excerpt":"... a serious topic. I am blogging for the Electronic Frontier Foundation (EFF).\u00a0 I am not a comfortable political blogger -- I tend to be too sympathetic to too many...","rel":"","context":"In "Blogathon"","block_context":{"text":"Blogathon","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/blogathon"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/9250","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=9250"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/9250\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=9250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=9250"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=9250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}