Feeds

EFF appeal win reopens NSA dragnet spying case

San Francisco spying room will be investigated

Next gen security for virtualised datacentres

The Electric Frontier Foundation (EFF) has won its appeal to continue a case into massive warrantless wiretapping by the National Security Agency (NSA) using facilities within commercial exchanges.

The 9th US Circuit Court of Appeals ruled that the case of Jewel v NSA, which claims that after the 2001 terrorist attacks the NSA began large-scale monitoring of digital traffic, with the assistance of AT&T and others, can proceed. Mark Klein, a former AT&T engineer, claims that his employers let the NSA set up a monitoring station in the San Francisco exchange and allowed it unfettered access to client records and communications.

"Since the dragnet spying program first came to light, we have been fighting for the chance to have a court determine whether it is legal," said EFF legal director Cindy Cohn in a statement. "Today, the Ninth Circuit has given us that chance, and we look forward to proving the program is an unconstitutional and illegal violation of the rights of millions of ordinary Americans."

However, it wasn’t all smiles and sunshine. The court denied leave to continue on the EFF’s case against AT&T, for aiding and abetting the surveillance. The court upheld the 2008 Foreign Intelligence Surveillance Act (FISA) revision, voted for by the current president, which granted the telecommunications companies retroactive immunity from any actions carried out during the period.

"By passing the retroactive immunity for the telecoms' complicity in the warrantless wiretapping program, Congress abdicated its duty to the American people," said EFF senior staff attorney Kurt Opsahl. "It is disappointing that today's decision endorsed the rights of telecommunications companies over those over their customers." ®

The essential guide to IT transformation

More from The Register

next story
Super Cali signs a kill-switch, campaigners say it's atrocious
Remote-death button bad news for crooks, protesters – and great news for hackers?
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Felony charges? Harsh! Alleged Anon hackers plead guilty to misdemeanours
US judge questions harsh sentence sought by prosecutors
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Best practices for enterprise data
Discussing how technology providers have innovated in order to solve new challenges, creating a new framework for enterprise data.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?