EFF's Case Against AT&T
This page collects information for a general audience related to EFF's class action lawsuit against AT&T.
Background
EFF is suing AT&T for it's participation in the Bush administration's massive and illegal warrantless wiretapping. The class action lawsuit, Hepting v. AT&T, arose from news reports in December 2005, which first revealed that the National Security Administration (NSA) was directed by the president to intercept Americans’ phone calls and Internet communications without any court oversight and in violation of the privacy safeguards established by Congress and the U.S. Constitution. Recent evidence indicates that the surveillance began well before September, 2001.
But the government did not act—and is not acting—alone. EFF’s case includes undisputed evidence provided by former AT&T telecommunications technician Mark Klein that shows AT&T installed a fiberoptic "splitter" at its facility at 611 Folsom Street in San Francisco, which directed copies of many of its customers' phone and internet traffic to a secret room controlled by the NSA.
In short, EFF's lawsuit against AT&T seeks to hold the telecom giant accountable for its participation in illegal dragnet spying. By providing the NSA with unfettered access to their telecommunications infrastructure — all without warrants or legal order -- AT&T is guilty of violating the Foreign Intelligence Surveillance Act (FISA) as well as the Fourth Amendment to the Constitution of the United States.
Where the Case Stands Now
Telecom Immunity: In June of 2008, at the insistence of President Bush, Congress passed the FISA Amendments Act (FAA). In addition to broadly expanding the president's spying powers, the bill essentially granted immunity to telecoms alleged to have participated in the warrantless wiretapping program — a clear attempt to shield the president's illegal spying program from examination in a court of law.
EFF believes the FAA is unconstitutional, and we are fighting back on multiple fronts. We are urging Congress to repeal the FAA in the next session, asking the courts to reject the immunity provisions as unconstitutional, and developing a new case against the government.
Press Contact
For press inquiries only, email press@eff.org or phone 415.436.9333 x125.
Key Resources
More on Hepting:
- Legal Documents related to EFF's case against AT&T.
- FAQ on the case against AT&T
- Mark Klein's evidence and testimony
- 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.
More on EFF's Case Against the NSA
More on NSA Spying:
- Main EFF page on NSA Spying
- Key news articles related to illegal spying
- EFF NSA Graphics
- Multi-District Litigation against AT&T
