In Hepting v. AT&T, EFF sued the telecommunications giant on behalf of its customers for violating privacy law by collaborating with the NSA in the massive, illegal program to wiretap and data-mine Americans’ communications.
Evidence in the case included undisputed evidence provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.
The case was filed on January 31, 2006 and the government quickly intervened. In the Spring of 2006, over 50 other lawsuits were filed against various telecommunications companies, in response to a USA Today article confirming the surveillance of communications and communications records. The cases were combined into a multi-district litigation proceeding called In re NSA. EFF was named co-lead counsel for the plaintiffs.
In June of 2006, the Court rejected both the government's attempt to dismiss the case on the grounds of the state secret privilege and AT&T's various arguments in favor of dismissal.
In August of 2007, the Ninth Circuit Court of Appeals heard oral argument on the case. No decision was reached, however In July, 2008, after a long and contentious battle in Congress, the government and AT&T were awarded the so-called retroactive immunity from liability under the controversial FISA Amendments Act (FAA), which was enacted in response to our court victories in Hepting. Signed by President Bush in 2008, the FAA allows the Attorney General to require the dismissal of the lawsuits over the telecoms' participation in the warrantless surveillance program if the government secretly certifies to the court that the surveillance did not occur, was legal, or was authorized by the president. The AG filed the required certification in September of 2008.
In June of 2009, a federal judge dismissed Hepting and dozens of other lawsuits against telecoms. EFF appealed that decision but it was affirmed, and in October, 2012, the Supreme Court declined to hear the case.
Key Documents
- Motion to Dismiss Order
- Public Unredacted Klein Declaration
- Public Unredacted Marcus Declaration
- FAQ on the case against AT&T
- Archive of Documents Used by EFF to Lobby Against Telco Immunity in 2007, 2008
- Evidence One-Pager [PDF] — Summarizing the technical evidence of AT&T's complicity.
Updates
Legal Documents
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May 5, 2014
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May 5, 2014
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May 5, 2014
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May 5, 2014
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October 9, 2012
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September 17, 2012
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September 3, 2012
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September 3, 2012
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March 30, 2012
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December 29, 2011
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June 6, 2008
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March 6, 2008
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October 18, 2007
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September 29, 2007
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April 10, 2006
Immunity appeal to the 9th Circuit
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May 23, 2011
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July 1, 2010
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May 19, 2010
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May 3, 2010
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March 9, 2010
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February 17, 2010
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February 10, 2010
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December 8, 2009
Post-Immunity Litigation
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July 31, 2009
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July 31, 2009
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July 21, 2009
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June 3, 2009
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February 25, 2009
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February 25, 2009
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February 25, 2009
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February 25, 2009
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February 11, 2009
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January 5, 2009
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December 19, 2008
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December 19, 2008
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December 19, 2008
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December 19, 2008
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December 3, 2008
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December 1, 2008
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November 25, 2008
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November 20, 2008
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November 20, 2008
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November 14, 2008
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November 13, 2008
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November 6, 2008
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November 5, 2008
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November 5, 2008
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October 16, 2008
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October 16, 2008
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September 30, 2008
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September 19, 2008
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September 19, 2008
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September 12, 2008
Key orders from Judge Walker
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June 3, 2009
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August 14, 2008
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February 20, 2007
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July 20, 2006
Hepting Appeal to the 9th Circuit
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September 19, 2008
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September 27, 2007
Order terminating MTD (dkt 268) due to parties agreements (dkt 372)
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Court Schedule and Administration
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September 2, 2008
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January 25, 2008
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October 1, 2007
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September 28, 2007
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September 26, 2007
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Motions to Dismiss and State Secrets Issues
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October 25, 2007
New public Klein Declaration
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October 25, 2007
New public Marcus Declaration
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June 28, 2006Supplemental declaration of Jim Tyre in support of EFF's opposition to AT&T Inc.'s motion to dismiss
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April 24, 2006
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Other
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October 15, 2007
A one PDF that describes Mark Klein's evidence and provides an introduction to the AT&T lawsuit.
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September 28, 2007
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February 16, 2007
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April 24, 2006
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April 24, 2006
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April 24, 2006
Discovery
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September 28, 2007
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September 28, 2007
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August 11, 2006
Sealing and Return of Evidence Motions
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September 25, 2007
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Class action certification
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September 28, 2007
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June 14, 2006
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Preliminary Injunction
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September 28, 2007
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April 5, 2006
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March 31, 2006
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Motions to Stay
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February 5, 2007
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February 1, 2007
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January 17, 2007
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November 9, 2006
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November 8, 2006
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November 8, 2006
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July 31, 2006
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July 27, 2006
Complaint
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February 22, 2006
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January 31, 2006