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Friday, 30 December 2011 - U.S. court upholds telecom immunity for surveillance |
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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) Tech Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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