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By Dan Levine
Thu Dec 29, 2011 3:38pm EST
(Reuters) - A U.S. appeals panel on Thursday upheld the constitutionality of a federal law that grants immunity to telecommunications companies that assist the U.S. government in conducting surveillance of American citizens.
Several lawsuits filed in the wake of revelations about warrantless wiretapping alleged that telecom companies provided authorities with direct access to nearly all communications passing through their domestic facilities.
Defendants included AT&T, Sprint Nextel and Verizon Communications Inc.
In 2008, Congress granted telecoms immunity for cooperating with the government's intelligence-gathering activities. A district judge in San Francisco upheld the law as constitutional, and dismissed the claims against the companies.
In a ruling on Thursday, a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals agreed.
A representative for the Electronic Frontier Foundation, an online privacy advocate and lead plaintiff, could not be immediately reached for comment, nor could representatives for AT&T or Sprint.
A spokesman for the U.S. Department of Justice, which defended the immunity provision, declined to comment, as did a Verizon spokesman.
9th Circuit Judge Margaret McKeown rejected the argument that immunity closes the courts to the plaintiffs. Only the telecommunications companies are covered, she wrote, not the government.
"The federal courts remain a forum to consider the constitutionality of the wiretapping scheme and other claims," she wrote.
In a separate ruling, the 9th Circuit on Thursday allowed a separate case against the government to proceed, in which plaintiffs allege a communications dragnet of ordinary citizens.
That lawsuit claims the National Security Agency diverted Internet traffic into secure rooms in AT&T facilities across the country. The proposed class action alleges "an unprecedented suspicionless general search" throughout the communications network.
The 9th Circuit reversed a lower court and ruled that the plaintiffs have legal standing to pursue the case.
The telecom immunity case in the 9th Circuit is In re: National Security Agency Telecommunications Records Litigation, 09-16676.
The dragnet case in the 9th Circuit is Carolyn Jewel, Tash Hepting, Gregory Hicks, Erik Knutzen and Joice Walton on behalf of themselves and all others similarly situated v. National Security Agency et al., 10-15616.
(Reporting by Dan Levine; Editing by Mark Porter and Steve Orlofsky)
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