AT&T, Department of Justice, Appeal to Ninth Circuit

AT&T is appealing the decision not dissmiss the EFF's suit against it to the Ninth Circuit Court of Appeals

The Electronic Frontier Foundation is suing over the company's alleged provision of personal customer information to the NSA.

AT&T and the federal government moved to dismmiss the suit, on the grounds that a trial would reveal classified information, and that AT&T is protected from lawsuits when cooperating with the goveernment. The motion was denied.

Judge Walker wrote that "dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security."

AT&T wrote:

"If the state secrets privilege was properly invoked by the United States, then plaintiffs cannot prove that they were injured by the government's intelligence activities or AT&T's alleged involvement in those activities, because they would be unable to obtain any information concerning the identities of government surveillance targets. If the named plaintiffs cannot prove that their information has been divulged to the government, they cannot establish that they have suffered any injury whatsoever from the alleged surveillance program and their complaint must be dismissed."

The Justice Department wrote:

"The decision on whether to grant access to classified information rests with the Executive Branch, and any order by the Court appointing such an expert to review and assess the status of classified information would raise profound separation of powers concerns that should be avoided."