Group seeks to begin AT&T depositions on US spying

[deminks]

http://www.alertnet.org/thenews/newsdesk/N01199360.htm

SAN FRANCISCO, May 1 (Reuters) - Lawyers filed a motion on Monday seeking to start questioning AT&T Corp. <T.N> officials this week about the phone company's role in a controversial government program to monitor U.S. communications.

The request is part of a lawsuit brought by the Electronic Frontier Foundation, which charges AT&T violated customer privacy by working with the National Security Agency in its program to intercept telephone and e-mail communications between the United States and people linked to al Qaeda and affiliated organizations.

n an accompanying filing to the court, the plaintiffs asked AT&T to make officials available starting on Wednesday at a law office in San Francisco for depositions in the case to discuss, among other things, their "Secure Room" and equipment in the secret room.

The request also sought "the names and positions of government officials, if any, that requested AT&T Corp.'s cooperation, either in writing or orally, in conducting surveillance of communications in the United States without a court order authorizing such, the dates of all such requests and subsequent contacts."

[RUMMYisFROSTED]

1. Thank God the courts are on our side.

Oh, wait a minute...

:cry:

[heartofthesiskiyou]

2. They will need to overcome

the motions to dismis by DOJ filed, I believe Friday, on the grounds of national security, called the military and secrets privilege. They have filed a motion to interveen. They (DOJ)will prevail as the case law is very strong. That's how this will likly end.

issues

1 Section 517 provides that the “Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States.” 28 U.S.C. § 517. A submission by the United States pursuant to this provision does not constitute intervention under Rule 24 of the Federal Rules of Civil Procedure.

and

First Statement of Interest of the United States
The United States cannot disclose any national security information that may be at issue in this case. However, the fact that the United States will assert the state secrets privilege should not be construed as a confirmation or denial of any of Plaintiffs’ allegations, either about AT&T or the alleged surveillance activities. When allegations are made about purported classified government activities or relationships, regardless of whether those allegations are accurate, the existence or non-existence of the activity or relationship is potentially a state secret. Therefore, the assertion of the state secrets privilege, as a general matter, does not mean that any particular allegation is true but is a reflection of the subject matter at issue.



http://www.eff.org/legal/cases/att/USA_statement_of_interest.pdf