The NSA (National Security Agency) and AT&T program to wiretap and data-mine American’s internet and telephone communications is both astonishingly massive and unquestionably illegal. Thankfully, the class-action lawsuit filed by the EFF (Electronic Frontier Foundation — based just around the corner from me on Mission Street) threatens to bring these crimes to light, which is precisely why we see such frantic attempts by both the Bush administration and AT&T’s lawyers and lobbyists to prevent the truth from ever seeing the light of day.
Their wish is either a dismissal of the lawsuit (no luck so far) or retroactive immunity (where Congress gives a free-pass on seven years of blatantly illegal intrusion into the lives of innocent Americans — still a very real possibility given how corporate money has thoroughly corrupted Congress). Clearly, the Bush administration knows that protecting AT&T saves their collective ass as well. For both parties, the cost of getting caught is immense.
Earlier today, Glenn Greenwald interviewed Cindy Cohn, EFF’s lead counsel in the AT&T lawsuit. Their discussion brings a new level of clarity and coherence to the story. Specifically, the case against AT&T is clear, as Cohn states:
We have evidence of an NSA-controlled room in the Folsom Street AT&T facilities in San Francisco. We have evidence that AT&T diverted copies of everyone’s Internet traffic into that room. And we know that there’s very sophisticated equipment in that room that is capable of doing real-time analysis of the Internet traffic that is getting routed into there.
For most of our legal claims, that’s enough to win, and we’re done.
And yes, for those of you who follow my humble blog with any regularity, you’ll recall that she is speaking of the building right outside my home in San Francisco. Sweet.
AT&T’s lawyers have mounted an argument that paints their illegal activities as a “good faith” effort to help the Bush administration fight terrorism. In a word, bullshit. Cohn continues:
Remember, these phone companies are very sophisticated about these FISA laws and the other laws that explain how and when they can cooperate with law enforcement. These aren’t some rouges. This isn’t Joe’s Phone Company. They are very sophisticated and know the law better than almost everyone.
But even if they didn’t, I don’t think it takes a lot of thought to wonder: “huh, the FISA law says that the exclusive means by which the Government can get information is either by a warrant or a short-term certification from the Attorney General in an emergency situation. Huh - do either of these two things justify ongoing wholesale surveillance of all of our customers for five years and counting?”
The answer to that has to be “no.” I don’t think you even need a law degree to figure that one out.
Nor even a college degree, as I can attest. Face it, there’s nothing complicated about it, which is why we see such a sustained campaign to find a way out of this mess…
AT&T is desperately trying to buy immunity in Congress, while Bush is doing everything he can to ratchet up the fear of another terrorist attack that will come the moment he can no longer spy on us, and neither one seems to have any shame whatsoever (no surprise there). If you weren’t already shocked and appalled by their brazen disregard for the rule of law, spend a few minutes reading the discussion between Greenwald and Cohn. It’s enough to make your blood boil.