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Government Moves to Intervene in AT&T Surveillance Case
Electronic Frontier Foundation ^ | 4/28/2006

Posted on 04/28/2006 9:15:43 PM PDT by lainie

DOJ Will Assert Military and State Secrets Privilege and Request Dismissal of Lawsuit

San Francisco - The United States government filed a "Statement of Interest" Friday in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T, announcing that the government would "assert the military and state secrets privilege" and "intervene to seek dismissal" of the case.

EFF's lawsuit accuses AT&T of collaborating with the National Security Agency in its massive surveillance program. EFF's evidence regarding AT&T's dragnet surveillance of its networks, currently filed under seal, includes a declaration by Mark Klein, a retired AT&T telecommunications technician, and several internal AT&T documents. This evidence was bolstered and explained by the expert opinion of J. Scott Marcus, who served as Senior Advisor for Internet Technology to the Federal Communications Commission from July 2001 until July 2005

Much of the evidence in the case is currently under seal, as AT&T claims public release of the documents would expose trade secrets. A hearing on the issue is scheduled for May 17th.

For the full Statement of Interest:
http://www.eff.org/legal/cases/att/USA_statement_of_interest.pdf

For more on EFF's suit:
http://www.eff.org/legal/cases/att/

Contact:

Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Posted at 04:12 PM


TOPICS: Business/Economy; Crime/Corruption; News/Current Events
KEYWORDS: att; carnivore; echelon; eff; statesecrets
XREF - Startling Admission by AT&T Engineer, regarding AT&T's IP network:

"Every peering circuit that touches AT&T, every connection to their customer's aggregation router has optical taps. These taps are then connected to a separate network which consists of Juniper routers with specific physical interface cards made to do passive monitoring. This data is then transported to various data mining facilities across the country for analysis."

Transcribed from a podcast found here:

http://blogs.zdnet.com/threatchaos/index.php?p=318

1 posted on 04/28/2006 9:15:46 PM PDT by lainie
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To: lainie

Being a professional paranoiac for the last 10 or 12 years, this doesn't surprise me in the least.

My inner geek wants technical details. That's a lot of data to be handling, I'll guess they're not appending to a log file that has

tail -f logfile | grep osama

running on it :)


2 posted on 04/28/2006 9:24:56 PM PDT by cryptical (Wretched excess is just barely enough.)
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To: cryptical

The NSA is only allowed to snoop traffic entering/leaving the country.

They also snoop phone calls, as leaked to the NYT. 70% of the public agrees that this is a good thing.


3 posted on 04/28/2006 9:37:13 PM PDT by Gideon7
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To: lainie
Just a technical note: it is entirely possible that the stated interception could occur.

A single fiber or fiber pair, can handle at least 16 "wavelengths" (essentially 16 different connections) using DWDM.

Figure that each wavelength is good for a (current state of the art) 10Gbps connection.

That single strand of fiber can carry 160Gbps of traffic! And, fiber networks such as ATT's will have buried cables or cables hanging from telephone poles that will have anywhere from 6 pairs of fiber, to 144 (denser areas like in a city).

To peel off a strand and dedicate it to the gov't in each case, would be relatively easy.

Keep in mind that a single 10Gbps connection will handle approximately (allowing for some overhead) one of A) all of the traffic of Earthlink or AOL at any given time B) all of the traffic of Comcast high speed internet C) the voice traffic of 144,000 or more, simultaneous phone calls.

4 posted on 04/28/2006 9:49:56 PM PDT by ikka
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To: Gideon7

The amusing thing here is that various foreign governments are already in the US...and probably monitoring your phones. Simple scenario...Chinese government wants inside scoop on Bill Gates. They get a really smart kid in China to apply for educational program in the US...in telecommunications of course. The kid ends up with the PHd crowd and does work on the side for AT&T up in the Washington state area. The company is surprised how well he delivers and very professional attitude. They eventually allow him a few extra privelages...and he goes to work...installing an extra route or two that allows access to a number of features within the phone network of Washington state. He can leave now....go home...because the 2nd team is on station. Their job is to use his entrance path...and isolate Bill Gate's numbers...catching data and voices as they find it. The phone company really isn't smart enough to figure this out...and NSA isn't really looking for a inside-the-US surveillance group. And the FBI? They might be smart enough...but someone would have to make an error to get them involved in the case and start putting things together.

Its really not the FBI or NSA guys you should worry about messing with your telephone lines and listening in...lots of other foreign governments are probably already doing it.


5 posted on 04/28/2006 10:00:30 PM PDT by pepsionice
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To: All

No outrage over blanket, all-encompassing surveillance; no particular acknowledgement of the duplicity of AT&T. 'K.


6 posted on 04/28/2006 10:54:51 PM PDT by lainie
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To: lainie
I just did a search on the state secrets privilege. So, basically, the federal government can have its way with you in any way it chooses just so long as it invokes this privilege and a court is satisfied. Well, it sure is a good thing that we can always trust that those in power won't have the judges' "secrets" under surveillance while they make their decisions. ;-)


U.S. Constitution: Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

7 posted on 04/28/2006 11:18:40 PM PDT by monkapotamus
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