[NYTr] Bush Regime Withholds Records of Stealth Campaign to Block Surveillance Suits

[All the News That Doesn't Fit]

Electronic Frontier Foundation 
http://www.eff.org/news/archives/2007_09.php#005463

EFF: Breaking News

Justice Department Withholds Records of Stealth Campaign to Block
Surveillance Suits

EFF Lawsuit Demands Information About Telecom Industry Lobbying

Washington, D.C. - The Electronic Frontier Foundation (EFF) filed suit
against the Department of Justice (DOJ) today, demanding any records of
a telecom industry lobbying campaign to block lawsuits over their
compliance with illegal electronic surveillance. EFF's lawsuit comes as
Congress debates letting telecommunications companies off scot-free as
part of the hotly disputed "modernization" of the Foreign Intelligence
Surveillance Act (FISA).

EFF represents the plaintiffs in Hepting v. AT&T, a class-action
lawsuit brought by AT&T customers accusing the telecommunications
company of violating their rights by illegally assisting the National
Security Agency in domestic surveillance. The Hepting case is just one
of many suits aimed at holding telecoms responsible for knowingly
violating federal privacy laws with warrantless wiretapping and the
illegal transfer of vast amounts of personal data to the government.

The government has intervened and moved for dismissal of many of these
lawsuits. The DOJ has also pushed for changes to federal law that would
ensure the telecoms are not held responsible for their role in the
warrantless surveillance. Meanwhile, the DOJ has not responded to EFF's
Freedom of Information Act (FOIA) requests to disclose records
concerning any lobbying activities regarding potential immunity for the
telecom industry.

"The White House is publicly calling for immunity for the telecoms,
while a recent Newsweek article detailed a 'secretive lobbying
campaign' to block the lawsuits," said EFF Staff Attorney Marcia
Hofmann. "If there are backroom deals going on at the Department of
Justice, then Americans need to know about them now, before Congress
passes any law that gets the telecom companies off the hook."

The Department of Justice has already agreed that the records should be
disclosed quickly because of the urgent need to inform the public about
these issues. However, despite this recognition, DOJ has neither
processed the FOIA requests nor told EFF when the documents might be
released. EFF's suit asks for the immediate disclosure of the telecom
lobbying records, including any documents concerning briefings,
discussions, or other contacts DOJ officials have had with
representatives of telecommunications companies. The suit also asks for
records of contact between the DOJ and members of Congress about
telecom immunity.

"Our lawsuit and others allege serious privacy law violations that
impact millions of ordinary Americans," said EFF Senior Staff Attorney
Kurt Opsahl. "If the telecoms are seeking amnesty for their illegal
activity, Americans deserve to know why and how lobbyists pressured the
DOJ."

For the full complaint:
http://www.eff.org/flag/fisa_lobbying/092707_complaint.pdf

For more on our FOIA work:
http://www.eff.org/flag

Contacts:

Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia at eff.org

Kurt Opsahl
Senior Staff Attorney
Electronic Frontier Foundation
kurt at eff.org

David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel at eff.org
Posted at 12:45 PM