EFF files surveillance lawsuit against NSA, Bush, Cheney

The Electronic Frontier Foundation (EFF) has filed a lawsuit against the US National Security Agency (NSA), US President George Bush, Vice President Dick Cheney and other government officials, alleging that an NSA electronic surveillance programme continues to illegally spy on US residents.

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The Electronic Frontier Foundation (EFF) has filed a lawsuit against the US National Security Agency (NSA), US President George Bush, Vice President Dick Cheney and other government officials, alleging that an NSA electronic surveillance programme continues to illegally spy on US residents.

The lawsuit, filed Thursday, alleges that the NSA is conducting mass surveillance on US residents, even as Bush and other officials say the programme only targets US residents when they communicate with overseas terrorism suspects. Filed in US District Court for the Northern District of California, the lawsuit is a class-action complaint on behalf of all residential customers of AT&T's telephone and Internet services.

The lawsuit alleges that the NSA has installed equipment to conduct mass surveillance at AT&T telecom facilities in San Francisco; Atlanta; Seattle; Los Angeles; San Diego; San Jose, California; and Bridgeton, Missouri. "We allege a nationwide network of such NSA vacuum-cleaner surveillance facilities that would indiscriminately collect communications of all of the people who use AT&T's network," said Kevin Bankston, senior staff attorney at EFF.

Former AT&T technician Mark Klein, who leaked AT&T documents about the programme in 2006, and various news reports have described a surveillance programme that goes beyond the NSA intercepting a few phone calls or emails exchanged between US residents and terrorism suspects, Bankston said.

The White House and the NSA didn't immediately respond to requests for comments on the EFF lawsuit. Bush administration officials have long defended the programme as essential for fighting terrorism.

The Bush administration pitched the NSA programme as being focused on foreign terrorism suspects during debate in the US Congress earlier this year about approval for the programme, Bankston said. The surveillance programme had been operating since 2001 without court or congressional oversight until July, when Congress passed a bill giving limited oversight to the US Foreign Intelligence Surveillance Court.

"Our case is about the interception of millions of ordinary Americans' communications," Bankston said. "If the government is proceeding under the purported authority of the [July legislation], then the administration has perpetrated an incredible fraud on both Congress and the American people in describing that law as limited to targeting people outside the United States."

The lawsuit seeks a court order forcing the NSA to end the programme and destroy any copies of US residents' email and phone calls that exist. The lawsuit also seeks unspecified monetary damages.

"The plaintiffs are doing this ... to obtain personal accountability from the architects of the programme and to provide a strong incentive against future lawbreaking by these or other government officials," Bankston said. "Our lawsuit today should sound a clear warning to future occupants of the White House, as well as future heads of the [Department of Justice] and the NSA: If you break the law and violate Americans' privacy, there will be consequences."

The EFF also filed a 2006 lawsuit against AT&T for its alleged participation in the NSA programme. But the Foreign Intelligence Surveillance Act (FISA) Amendments Act, the surveillance bill passed by Congress in July, requires that a court dismiss the more than 40 existing surveillance lawsuits against telecom carriers if the carriers can show that they were told by government officials that the surveillance orders were legal.

The EFF believes courts will not dismiss the lawsuits against those carriers, but the advocacy group filed a new lawsuit focused on government officials in an attempt to get the NSA programme shuttered quicker, Bankston said.

The lawsuit seeks to have the court declare that the spying programme violates the US Constitution's First Amendment, guaranteeing freedom of speech, and the Fourth Amendment, prohibiting unreasonable search and seizure by the government. The programme also violates US privacy laws, Bankston said.

The lawsuit comes just days after the Washington Post reported that Cheney and his chief of staff, David Addington, pushed to keep the programme operating, even as DOJ officials and NSA auditors began to have doubts about its legality in 2004. The EFF names Addington as a defendant in the lawsuit.

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