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August 2, 2006

Government Appeals AT&T Suit Non-Dismissal

The Electronic Frontier Foundation lawsuit against AT&T for give access to its networks to the National Security Agency took an unexpected turn when the judge hearing the case turned down the government's request to dismiss the suit on state secrets grounds.  Not unexpectedly, the government has appealed that ruling to the Ninth Circuit Court of Appeals.  The government expected to win at the trial level with a slam-sunk dismissal.  State secrets as a defense always seems to work as it has in other cases involving NSA activity.  The judge, however, felt that with all the publicity and the detailed amount of material of the central issues available on the web and in the press, the secret in question is hardly a secret.  No purpose would be served by dropping the trial at this point.  This case has the potential to wind up at the U.S. Supreme Court no matter what the Ninth Circuit does.

CNET has a detailed story on the case with links to significant documents.

August 2, 2006 | Permalink

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