EFF argues that the claims against the government are not "generalized grievances" and that the number of people harmed should have no bearing on whether each individual—whose own communications and communications records are being intercepted and diverted to the government—should be able to sue. On appeal, the government does not seriously defend the District Court’s reasoning but instead renews its old argument that the case should be dismissed based on the state secrets privilege. Click here for a video of the hearing.