top
San Francisco
San Francisco
Indybay
Indybay
Santa Cruz
Santa Cruz
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Calendar
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Tue Apr 7 2009
Obama Embraces Bush Position on Warrantless Wiretapping
DOJ Claims Illegal Surveillance Protected by "Sovereign Immunity", Keeps Straight Face
The federal government has finally responded to Jewel v. NSA, a lawsuit against dragnet warrantless wiretapping filed last September by the Electronic Frontier Foundation (EFF).

In a motion filed on Friday, April 3rd, the Obama Dept. of Justice (DOJ) demanded that the entire lawsuit be dismissed based on both the Bush administration's claim that a "state secrets" privilege bars any lawsuits against the executive branch for illegal spying, as well as a novel "sovereign immunity" claim that the Patriot Act bars any lawsuits of any kind for illegal government surveillance, unless there was "willful disclosure" of the illegally intercepted communications.

According to EFF senior staff attorney Kevin Bankston, "this is the first time [the DOJ] claimed sovereign immunity against Wiretap Act and Stored Communications Act [SCA] claims. In other words, the administration is arguing that the U.S. can never be sued for spying that violates federal surveillance statutes, whether FISA, the Wiretap Act or the SCA."

Since at least 2001, AT&T and other major telecommunications carriers have apparently been engaged in a massive operation allowing the NSA to eavesdrop and record all voice and data communication. On Sept. 18th, 2008, San Francisco-based EFF filed a lawsuit in federal court against the NSA on behalf of five California AT&T customers to stop the ongoing surveillance of their telephone and internet communications. The plaintiffs are also suing the President, Vice President and other officials who ordered or participated in the warrantless wiretapping.

Press release | EFF case info | Previous coverage: EFF Files Lawsuit Against NSA, Bush, Cheney to Halt Dragnet Surveillance
09/20/21 Climate Protest Signs and Street Theater Shut Down San Francisco's Montgomery Street Front Page | Environment & Forest Defense | San Francisco08/17/21 Activists Set Up Tents and Demonstrate for Alternatives to Being on the Streets Front Page | Health, Housing & Public Services | Central Valley | Government & Elections08/17/21 15,910 Square Miles of Critical Habitat Added to Existing Salish Sea Protections Front Page | Environment & Forest Defense | San Francisco | Peninsula | North Bay / Marin | North Coast | California | U.S. | Animal Liberation | Santa Cruz Indymedia08/17/21 Yemeni Community Holds Memorial for Children Killed in US-Saudi Bombing in 2018 Front Page | Anti-War | San Francisco | U.S. | International07/28/21 Construction of Tar Sands Oil Pipeline Violates Treaty Rights of Minnesota Tribes Front Page | Environment & Forest Defense | Racial Justice | San Francisco | California | U.S. | Santa Cruz Indymedia07/27/21 Report Finds CA Oil Emits More Carbon Dioxide Than Global Supply Refined in State Front Page | Environment & Forest Defense | California07/27/21 Dead Whales Washing Up on Bay Area Beaches Is a Wake-up Call Front Page | Environment & Forest Defense | San Francisco | California | Animal Liberation07/27/21 Photographs of 'Beckwourth' Pack Captured on Trail Camera Front Page | Environment & Forest Defense | Central Valley | California | Animal Liberation07/27/21 People's March and Rally Returns in Absence of Pride Parade in San Francisco This Year Front Page | LGBTI / Queer | San Francisco07/27/21 Street Theater, Song and Dance in Protest at Caltrans' Headquarters in Oakland Front Page | Police State & Prisons | Health, Housing & Public Services | East Bay | California07/27/21 Police Use Force to Remove Residents of Longtime Encampment Near Dunphy Park Front Page | Police State & Prisons | Health, Housing & Public Services | North Bay / Marin
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

donate now

$ 92.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network