Related Issues: NSA Spying
Hepting v. AT&T
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive, illegal program to wiretap and data-mine Americans' communications.
This page collects legal documents and other information related to the case. For more general information, visit our Hepting v. AT&T Resources page.
Key Documents and Court Orders
Documents
Table Of Contents
- Key orders from Judge Walker
- Immunity appeal to the 9th Circuit
- Post-Immunity Litigation
- Hepting Appeal to the 9th Circuit
- Motions to Stay
- Motions to Dismiss and State Secrets Issues
- Discovery
- Class action certification
- Preliminary Injunction
- Sealing and Return of Evidence Motions
- Complaint
- Court Schedule and Administration
- Other
- Uncategorized
Key orders from Judge Walker
- June 3, 2009 Order granting dismissal[PDF, 139.46 KB]
- August 14, 2008 Exhibit F[PDF, 72.99 KB]
- February 20, 2007 Order granting in part and denying in part the motion to stay[PDF, 20.27 KB]
- July 20, 2006 Judge's order on motions to dismiss[PDF, 239.65 KB]
Immunity appeal to the 9th Circuit
- March 9, 2010 Scheduling order[PDF, 76.29 KB]
- December 8, 2009 Appellants' opening brief[PDF, 438.35 KB]
Post-Immunity Litigation
- July 31, 2009
Plaintiffs' joint notice of appeal[PDF, 502.80 KB]
- Part 2[PDF, 695.28 KB]
- July 21, 2009 Judgment[PDF, 64.32 KB]
- June 3, 2009 Order granting dismissal[PDF, 139.46 KB]
- February 25, 2009 MDL plaintiffs' supplemental brief opposing U.S. motion[PDF, 391.11 KB]
- Supplementary brief of telco defendants in support of U.S. motion to dismiss[PDF, 172.91 KB]
- Appendix[PDF, 56.02 KB]
- U.S. supplemental brief in support of motion to dismiss[PDF, 63.21 KB]
- February 11, 2009 Order requesting supplemental briefing[PDF, 32.68 KB]
- January 5, 2009 U.S. response to plaintiff's notice[PDF, 34.57 KB]
- December 19, 2008 Plaintiffs' notice of new legal and factual authorities in opposition to US motion to dismiss[PDF, 154.66 KB]
- December 3, 2008 Minute order for Dec. 2 hearing [PDF, 66.11 KB]
- December 1, 2008 Judge's questions for hearing of Dec. 2[PDF, 27.18 KB]
- November 25, 2008 Intervenor New York Times' joinder[PDF, 14.88 KB]
- November 20, 2008 Media intervenors joinder[PDF, 14.89 KB]
- Plantiffs' reply to the briefs of the carriers and the U.S.[PDF, 651.66 KB]
- November 14, 2008 Order on subject matter for briefing[PDF, 19.36 KB]
- November 13, 2008 Request to include plaintiffs’ response to government reply brief in carrier response[PDF, 175.54 KB]
- November 6, 2008 Order granting leave to file amicus[PDF, 42.71 KB]
- November 5, 2008 Brief of amicus curiae law professors[PDF, 79.92 KB]
- Brief of telecom carriers in support of US motion to dismiss[PDF, 185.51 KB]
- Corrected U.S. reply in support of motion to dismiss[PDF, 143.00 KB]
- Motion of amicus curiae law professors for leave to file brief[PDF, 28.42 KB]
- U.S. notice of in camera supplemental reply[PDF, 13.43 KB]
- October 16, 2008 Plaintiff's motion in opposition to motion to dismiss[PDF, 826.60 KB]
- Plaintiffs' evidentiary objections to certifications by the attorney general[PDF, 431.54 KB]
- Cohn declaration[PDF, 163.72 KB]
- Summary of evidence[PDF, 693.65 KB]
- Notice of manual filing[PDF, 105.35 KB]
- Opsahl declaration[PDF, 232.89 KB]
- September 30, 2008 Civil Minute Order[PDF, 65.30 KB]
- September 19, 2008 Attorney General Mukasey's Public Certification[PDF, 421.54 KB]
- Government's Dismissal Motion[PDF, 78.28 KB]
- Legislative History Documents[PDF, 258.60 KB]
- September 12, 2008 Civil Minute Order[PDF, 60.16 KB]
- July 31, 2009
Plaintiffs' joint notice of appeal[PDF, 502.80 KB]
Hepting Appeal to the 9th Circuit
- September 19, 2008 Order of remand[PDF, 17.12 KB]
- August 14, 2008
Opposition to the Government's Motion to Hold Appeals in Abeyance[PDF, 172.24 KB]
- Exhibit A[PDF, 68.49 KB]
- Plaintiffs' request for judicial notice of statements made by the United States[PDF, 180.11 KB]
- July 30, 2008 Government's motion to hold appeals in abeyance[PDF, 60.67 KB]
- November 16, 2007 Order to sever Hepting v AT&T[PDF, 20.73 KB]
- September 27, 2007
Motion to Dismiss Order[, 19.77 KB] Order terminating MTD (dkt 268) due to parties agreements (dkt 372)
- August 31, 2007
Gov't Response to Request for Judicial Notice re DNI Statement[PDF, 229.76 KB]
- Exhibit A[PDF, 199.66 KB]
- August 27, 2007 Hepting Plaintiffs Request for Judicial Notice of Statement of DNI re: AT&T Participation[PDF, 128.85 KB]
- August 15, 2007 Unofficial transcript of 9th Circuit hearing in Hepting v. AT&T [PDF, 207.85 KB]
- August 10, 2007 Plaintiffs Reply Brief in Support of Request for Judicial Notice re Attorney General Testimony[PDF, 126.58 KB]
- Plaintiffs Request for Judicial Notice re Attorney General Testimony[PDF, 122.34 KB]
- August 9, 2007 Government Response to Request for Judicial Notice re: DNI Letter and Attorney General Letter to Congress[PDF, 319.13 KB]
- August 7, 2007 Government Response to Hepting Supplemental Authority In Re Sealed Case[PDF, 78.63 KB]
- Government Response to Hepting Supplemental Authority In Re Sealed Case[PDF, 78.63 KB]
- Government Response to Request for Judicial Notice re: Attorney General Testimony[PDF, 501.19 KB]
- Government Response to Request for Judicial Notice re: DNI Letter and Attorney General Letter to Congress[PDF, 501.19 KB]
- Hepting Plaintiffs Request for Judicial Notice re: DNI Letter and Attorney General Letter to Congress[PDF, 138.29 KB]
- Exhibit A, DNI Letter[PDF, 95.98 KB]
- Exhibit B, Gonzales Letter[PDF, 384.18 KB]
- August 1, 2007 Plaintiffs Request for Judicial Notice re: Attorney General Testimony[PDF, 122.34 KB]
- July 30, 2007 Hepting Plaintiffs' Letter Presenting Supplemental Authority In Re Sealed Case[PDF, 262.47 KB]
- July 27, 2007 Hepting Plaintiffs' response Letter re: ACLU v. NSA case[PDF, 234.38 KB]
- July 20, 2007 Government Letter re: ACLU v. NSA case[PDF, 74.20 KB]
- June 12, 2007 EFF's answering brief to the 9th Circuit[PDF, 360.20 KB]
- Unredacted Klein declaration[PDF, 386.05 KB]
- Unsealed Klein exhibits[PDF, 510.34 KB]
- Unredacted Marcus declaration[PDF, 2.55 MB]
- Unredacted Marcus exhibit U[PDF, 93.76 KB]
- Unredacted Marcus exhibits L-P[PDF, 2.21 MB]
- April 23, 2007 Markman Declaration in Support of Motion to Enlarge[PDF, 193.49 KB]
- Motion re Filing Under Seal[PDF, 255.54 KB]
- Motion re Rehearing Date[PDF, 223.30 KB]
- Motion to Enlarge Brief[PDF, 225.23 KB]
- March 16, 2007 Amicus Brief of Professor Robert M. Chesney In Support of Reversal[PDF, 3.26 MB]
- March 9, 2007 AT&T's opening brief in 9th Circuit appeal[PDF, 618.48 KB]
- Government's notice of lodging of classified brief and excerpts of record[PDF, 58.64 KB]
- Government's unclassified excerpts of record[PDF, 5.54 MB]
- Government's unclassified opening brief in 9th Circuit appeal[PDF, 2.18 MB]
- February 16, 2007 U.S. notice of decision by judicial panel[PDF, 47.89 KB]
- November 8, 2006 9th Circuit appeal schedule order[PDF, 451.93 KB]
- November 7, 2006 Order granting appeal to 9th Circuit[PDF, 28.45 KB]
- July 31, 2006 AT&T petition to appeal order denying motion to dismiss[PDF, 244.52 KB]
- Government notice of lodging in camera, ex parte material[PDF, 16.99 KB]
- Government petition to appeal order denying motion to dismiss[PDF, 747.82 KB]
- June 22, 2006 Redacted declaration of J. Scott Marcus[PDF, 17.92 MB]
- June 20, 2006 Redacted: EFF's opposition to the government's motion to dismiss (originally filed under temporary seal)[PDF, 8.91 MB]
- Redacted: Markman declaration in support (originally filed under temporary seal)[PDF, 1.47 MB]
- June 5, 2006 Redacted exhibits from Marcus declaration: Exhibit S, part 1[PDF, 1.76 MB]
- Redacted exhibits from Marcus declaration: Exhibit S, part 2[PDF, 2.76 MB]
- Redacted exhibits from Marcus declaration: Exhibit S, part 3[PDF, 2.58 MB]
- Redacted exhibits from Marcus declaration: Exhibits A-K[PDF, 1.78 MB]
- Redacted exhibits from Marcus declaration: Exhibits Q-R[PDF, 1.33 MB]
- Redacted exhibits from Marcus declaration: Exhibits T, V-Y[PDF, 400.40 KB]
- Amicus brief from bar associations for 9th Circuit appeal[PDF, 1.21 MB]
- Amicus brief from Chemerinksy et al for 9th Circuit appeal[PDF, 403.88 KB]
- Amicus brief from civil rights groups for 9th Circuit appeal[PDF, 1.12 MB]
- Amicus brief from consumer rights groups for 9th Circuit appeal[PDF, 76.74 KB]
- Amicus brief from EPIC, CDT, and CPSR for 9th Circuit appeal[PDF, 91.77 KB]
- Amicus brief from law professors[PDF, 86.01 KB]
- Amicus brief from National Security Archive et al for 9th Circuit appeal[PDF, 1.49 MB]
- Amicus brief from the People for the American Way for 9th Circuit appeal[PDF, 101.26 KB]
- Amicus brief from William G. Weaver and Robert M. Pallitto for 9th Circuit appeal[PDF, 326.92 KB]
- Amicus Brief of Chamber of Commerce in support of Appellants[PDF, 1.47 MB]
- Amicus Brief of US Telecom in support of Appellants[PDF, 1.75 MB]
- Amicus Brief of Verizon in support of Appellants[PDF, 1.16 MB]
- Non-confidential supplemental excerpts of record in its entirety[ZIP, 28.90 MB]
- Reply brief of AT&T in the 9th Circuit in Hepting[PDF, 598.65 KB]
- Reply brief of U.S. government in the 9th Circuit in Hepting[PDF, 3.94 MB]
- U.S. notice of lodging of classified brief[PDF, 110.30 KB]
Motions to Stay
- February 5, 2007 Plaintiffs' sur-reply in opposition to government's motion to stay[PDF, 145.63 KB]
- February 1, 2007 AT&T reply in support of joinder in motion to stay[PDF, 102.54 KB]
- January 17, 2007 EFF's opposition to motion to stay[PDF, 644.41 KB]
- November 8, 2006
Government's motion for a stay pending appeal[PDF, 1.30 MB]
- Errata re government's motion to stay[PDF, 73.32 KB]
- Exhibit A[PDF, 25.86 KB]
- July 31, 2006 AT&T motion for stay of proceedings pending appeal[PDF, 117.07 KB]
- July 27, 2006 AT&T motion for interim stay of proceedings[PDF, 41.49 KB]
Motions to Dismiss and State Secrets Issues
- October 25, 2007
Public Unredacted Klein Declaration[PDF, 549.86 KB] New public Klein Declaration
- Public Unredacted Marcus Declaration[PDF, 18.30 MB] New public Marcus Declaration
- August 10, 2007 Exhibit A to Reply in Support of RJN re AG Testimony[PDF, 362.84 KB]
- July 20, 2007 Government Letter re: ACLU v. NSA case[PDF, 74.20 KB]
- February 1, 2007 AT&T's response to order to show cause[PDF, 79.72 KB]
- Verizon reply in support of motion to stay[PDF, 86.42 KB]
- December 20, 2006 Government submission of proposed order[PDF, 22.94 KB]
- July 31, 2006 EFF's brief on order to show cause[PDF, 105.15 KB]
- July 20, 2006 Judge's order on motions to dismiss[PDF, 239.65 KB]
- July 11, 2006 Government's opposition to EFF's motion to file supplementary material[PDF, 70.40 KB]
- July 7, 2006
Dimuzio's declaration in support[PDF, 19.07 KB]
- Exhibit 1[PDF, 267.72 KB]
- EFF's motion to file supplementary material[PDF, 20.17 KB]
- July 3, 2006 ATT's response to EFF's motion to file hearing presentation under seal[PDF, 16.78 KB]
- June 28, 2006 Supplemental declaration of Jim Tyre in support of EFF's opposition to AT&T Inc.'s motion to dismiss[PDF, 34.65 KB]
- June 21, 2006 Amicus brief from CNET and the California First Amendment Coalition[PDF, 469.87 KB]
- Amicus brief from Eric Schneider[PDF, 1.03 MB]
- June 20, 2006 Judge's order re: additional questions for June 23rd hearing[PDF, 83.83 KB]
- June 16, 2006 Amicus brief from the Center for National Security Studies[PDF, 623.75 KB]
- AT&T Corp.'s reply to EFF's opposition to motion to dismiss[PDF, 110.90 KB]
- AT&T Inc.'s reply to EFF's opposition to motion to dismiss[PDF, 153.76 KB]
- AT&T request for judicial notice[PDF, 281.74 KB]
- Exhibit A[PDF, 1.92 MB]
- Government's notice of lodging of in camera, ex parte material[PDF, 18.97 KB]
- Government's Reply to EFF's Opposition to Motion to Dismiss[PDF, 653.75 KB]
- Meyerkord declaration in support of AT&T's motion to dismiss[PDF, 175.77 KB]
- Tocco declaration in support of AT&T's motion to dismiss[PDF, 273.58 KB]
- June 8, 2006 Markman declaration in support: Exhibit 1[PDF, 147.10 KB]
- Markman declaration in support: Exhibit 2[PDF, 88.10 KB]
- Markman declaration in support: Exhibit 3[PDF, 284.20 KB]
- Markman declaration in support: Exhibit 4[PDF, 506.37 KB]
- Markman declaration in support: Exhibit 5[PDF, 48.84 KB]
- Markman declaration in support: Exhibit 6[PDF, 11.91 KB]
- Markman declaration in support: Exhibit 7[PDF, 218.20 KB]
- Markman declaration in support: Exhibit 8[PDF, 163.84 KB]
- June 6, 2006 EFF's opposition to AT&T Corp.'s motion to dismiss[PDF, 163.41 KB]
- EFF's opposition to AT&T Inc.'s motion to dismiss[PDF, 137.83 KB]
- O'Brien declaration in support of EFF's opposition to AT&T Inc.'s motion to dismiss[PDF, 1.64 MB]
- Exhibit A1[PDF, 1.47 MB]
- Exhibit A2[PDF, 1.18 MB]
- Exhibit A3[PDF, 1.33 MB]
- Exhibit B[PDF, 15.68 KB]
- Exhibit C[PDF, 65.76 KB]
- Exhibit D[PDF, 206.13 KB]
- Order on secret evidence and argument[PDF, 91.88 KB]
- Rubinger declaration in support of EFF's opposition to AT&T Inc.'s motion to dismiss[PDF, 876.38 KB]
- Exhibit A[PDF, 908.11 KB]
- Tyre declaration in support of EFF's opposition to AT&T Inc.'s motion to dismiss[PDF, 48.83 KB]
- Exhibit A[PDF, 41.26 KB]
- Exhibit B[PDF, 43.09 KB]
- Exhibit C[PDF, 28.04 KB]
- Exhibit D[PDF, 350.96 KB]
- Exhibit E[PDF, 184.72 KB]
- Exhibit F[PDF, 22.47 KB]
- Exhibit G[PDF, 22.63 KB]
- Exhibit H[PDF, 25.38 KB]
- Exhibit I[PDF, 21.95 KB]
- Exhibit J[PDF, 23.61 KB]
- Exhibit K[PDF, 37.68 KB]
- Exhibit L[PDF, 21.25 KB]
- Exhibit M[PDF, 23.15 KB]
- Exhibit N[PDF, 40.36 KB]
- Exhibit O[PDF, 23.07 KB]
- Exhibit P[PDF, 26.94 KB]
- Exhibit Q[PDF, 20.18 KB]
- Exhibit R[PDF, 24.76 KB]
- Exhibit S[PDF, 32.32 KB]
- Exhibit T[PDF, 21.64 KB]
- Exhibit U[PDF, 76.31 KB]
- Exhibit V[PDF, 31.28 KB]
- Exhibit W[PDF, 36.04 KB]
- Exhibit X[PDF, 24.44 KB]
- Exhibit Y[PDF, 18.61 KB]
- Exhibit Z[PDF, 18.14 KB]
- April 28, 2006 AT&T Corp., Declaration in Support of Motion to Dismiss[PDF, 1.29 MB]
- AT&T Corp., Motion to Dismiss[PDF, 122.35 KB]
- AT&T Response to Amici Brief[PDF, 49.56 KB]
- ATT, Inc Motion to Dismiss[PDF, 117.36 KB]
- Department of Justice Statement of Interest re: State and Military Secrets[PDF, 29.21 KB]
- April 24, 2006 Amicus brief from ACLU and CCR[PDF, 189.54 KB]
- Request to file amicus brief from ACLU and CCR[PDF, 245.74 KB]
- AT&T Corp. Request for Judicial Notice in Motion to Dismiss April 28, 2006[PDF, 23.40 KB]
- Motion to Dismiss Exhibit A, Part 1[PDF, 1.60 MB]
- Motion to Dismiss Exhibit A, Part 2[PDF, 1.84 MB]
- Motion to Dismiss Exhibit B-D[PDF, 1.73 MB]
- Motion to Dismiss Exhibit E[PDF, 2.00 MB]
- AT&T reply to EFF memorandum on motion to dismiss[PDF, 24.82 KB]
- Declaration of James J. Brosnahan[PDF, 6.44 KB]
- Declaration of John D. Negroponte, Director of National Intelligence[PDF, 329.47 KB]
- Declaration of Lietenant General Keith B. Alexander, Director, National Security Agency[PDF, 218.15 KB]
- Declaration of Shana E. Scarlett[PDF, 12.67 KB]
- Exhibit to Scarlett declaration[PDF, 45.69 KB]
- EFF memorandum on AT&T motion to dismiss[PDF, 26.91 KB]
- EFF's memorandum on secret evidence and arguments[PDF, 1.56 MB]
- EFF's response to Judge Walker's question 8[PDF, 14.52 KB]
- Government response to order to show cause[PDF, 60.66 KB]
- Government's motion for hearing[PDF, 18.37 KB]
- Government's Motion to Dismiss, or for Summary Judgment[PDF, 1.67 MB]
- Government's motion to intervene[PDF, 35.52 KB]
- U.S. government's reply to EFF's memorandum on secret evidence and arguments[PDF, 174.91 KB]
- Exhibit A to government's reply[PDF, 126.23 KB]
- U.S. notice of lodging of classified Alexander declaration[PDF, 12.38 KB]
- October 25, 2007
Public Unredacted Klein Declaration[PDF, 549.86 KB]
Discovery
- August 11, 2006
AT&T's response to EFF's letter requesting limited discovery[PDF, 28.12 KB]
- Exhibit A[PDF, 131.77 KB]
- AT&T letter re: EFF discovery request[PDF, 41.44 KB]
- August 11, 2006
AT&T's response to EFF's letter requesting limited discovery[PDF, 28.12 KB]
Class action certification
- June 14, 2006 Cohn declaration in support[PDF, 14.59 KB]
- EFF motion for designation of interim class counsel[PDF, 37.44 KB]
Preliminary Injunction
- April 5, 2006 EFF Motion to Lodge under Temporary Seal[PDF, 34.27 KB]
- March 31, 2006 EFF Declaration of Carolyn Jewel[PDF, 917.11 KB]
- EFF Declaration of Cindy A. Cohn[PDF, 38.26 KB]
- EFF Declaration of Lee Tien[PDF, 42.31 KB]
- EFF Notice of Motion for Preliminary Injunction[PDF, 34.44 KB]
- EFF Proposed Order re Preliminary Injunction[PDF, 35.69 KB]
- EFF Request for Judicial Notice[PDF, 75.26 KB]
- Klein Declaration (redacted)[PDF, 2.71 MB]
- Memorandum of Points and Authorities for a Preliminary Injunction (redacted)[PDF, 8.07 MB]
Sealing and Return of Evidence Motions
- September 25, 2007 Stipulation re: unsealing[PDF, 101.65 KB]
- February 20, 2007 Court Order re: Media Unsealing Motion[PDF, 36.26 KB]
- August 7, 2006 Media request to be heard at case management conference[PDF, 52.50 KB]
- July 3, 2006 Sorensen declaration in support of AT&T's response[PDF, 15.24 KB]
- June 28, 2006 Dimuzio declaration in support of EFF's motion[PDF, 15.79 KB]
- EFF's motion to file hearing presentation under seal[PDF, 17.26 KB]
- June 21, 2006 Myers declaration in support of amicus brief[PDF, 71.90 KB]
- June 13, 2006 AT&T's response to EFF's motion filed under seal[PDF, 33.11 KB]
- Press opposition to filing motion under seal[PDF, 79.40 KB]
- June 2, 2006 AT&T memorandum in opposition to motion from six other media organizations to intervene and unseal documents[PDF, 167.28 KB]
- Ericson declaration in support of AT&T memorandum[PDF, 30.35 KB]
- Order granting Lycos and Wired hearing on motion to intervene and unseal documents[PDF, 86.16 KB]
- April 24, 2006
Joint Stipulation[PDF, 18.66 KB]
- AT&T Ericson Declaration on Sealing[PDF, 17.05 KB]
- AT&T Ericson Declaration on Sealing II[PDF, 17.90 KB]
- AT&T Proposed Sealing Order[PDF, 12.83 KB]
- AT&T Proposed Sealing Order II[PDF, 14.19 KB]
- April 11, 2006 EFF Letter to Court on AT&T's Administrative Motion[PDF, 106.41 KB]
- April 10, 2006
AT&T Sealing Motion[PDF, 27.76 KB]
- AT&T Ericson Declaration on Motion to Compel[PDF, 27.40 KB]
- AT&T Exhibits, Ericson Declaration on Motion to Compel[PDF, 736.82 KB]
- AT&T Notice of Manual Filing, Motion to Compel[PDF, 13.19 KB]
- AT&T Notice of Manual Filing, Russell Declaration[PDF, 13.24 KB]
- AT&T Proposed Order Regarding AT&T Corp Confidential Documents[PDF, 13.99 KB]
- AT&T Proposed Sealing Order[PDF, 13.21 KB]
- Ericson Declaration on Sealing[PDF, 16.56 KB]
- April 5, 2006 EFF Proposed order re lodging[PDF, 13.07 KB]
- AT&T request to close courtroom[PDF, 104.94 KB]
- CNET Letter Opposing AT&T's Motion For Court Closure[PDF, 511.74 KB]
- Declaration of EFF Staff Attorney Kevin Bankston[PDF, 36.76 KB]
- EFF Declaration re admin motions re lodging & page limits[PDF, 17.87 KB]
- EFF letter requesting discovery go forward[PDF, 503.13 KB]
- EFF's opposition to motion to compel return of documents[PDF, 114.62 KB]
- EFF's Response to AT&T's request[PDF, 235.37 KB]
- Exhibit A: Letter from the DOJ[PDF, 41.02 KB]
- Exhibit C: Response from Cindy Cohn[PDF, 102.84 KB]
- Mark Klein's amicus brief[PDF, 20.76 KB]
- Mark Klein's appendix to amicus brief[PDF, 14.84 KB]
- Mark Klein's motion to file amicus brief[PDF, 9.97 KB]
- Media Motion to Intervene[PDF, 134.21 KB]
- Order granting Mark Klein leave to file amicus brief[PDF, 15.64 KB]
Complaint
- February 22, 2006 EFF Amended Complaint[PDF, 370.45 KB]
- January 31, 2006 EFF Complaint[PDF, 350.87 KB]
Court Schedule and Administration
- September 2, 2008 Joint case management statement[PDF, 183.58 KB]
- January 25, 2008 Clerk's notice on case management conference[PDF, 64.44 KB]
- October 1, 2007 Order on unsealing documents[PDF, 74.13 KB]
- September 26, 2007 Order re: Hepting matters filed before MDL[PDF, 19.86 KB]
- March 15, 2007 EFF response to U.S. motion to change time and for scheduling order[PDF, 192.47 KB]
- December 22, 2006 EFF's proposed order resetting deadlines[PDF, 104.06 KB]
- October 6, 2006 Government response to EFF motion for scheduling order[PDF, 96.32 KB]
- September 15, 2006 EFF status report[PDF, 30.63 KB]
- Government status report[PDF, 16.99 KB]
- August 15, 2006 Minute order for August 8 case management conference[PDF, 11.04 KB]
- August 14, 2006 Judge's order staying proceedings[PDF, 16.93 KB]
- August 2, 2006 Judge's order granting stay of proceedings until August 8[PDF, 18.22 KB]
- August 1, 2006 EFF opposition to AT&T motion for interim stay[PDF, 161.62 KB]
- July 31, 2006 Government's petition to appeal order denying motion to dismiss[PDF, 747.82 KB]
- July 27, 2006 Sorensen declaration in support of AT&T motion[PDF, 26.58 KB]
- July 17, 2006 Judge's order on motion to relate cases[PDF, 81.82 KB]
- July 11, 2006 EFF's memorandum in opposition to motion to relate cases[PDF, 50.68 KB]
- Motion to consider whether cases should be related[PDF, 16.17 KB]
- June 28, 2006 Judge Walker's minute order[PDF, 11.66 KB]
- June 14, 2006 AT&T notice re: relation of cases[PDF, 36.70 KB]
- June 13, 2006 AT&T's administrative motion re: relating cases[PDF, 55.65 KB]
- June 5, 2006 Motion to consider whether cases should be related[PDF, 14.52 KB]
- AT&T response to EFF's case management statement[PDF, 110.15 KB]
- EFF case management statement[PDF, 24.93 KB]
- Judge Walker's Minute Order[PDF, 12.68 KB]
Other
- October 15, 2007
One Page Info Sheet on AT&T Domestic Spying (PDF)[PDF, 93.50 KB] A one PDF that describes Mark Klein's evidence and provides an introduction to the AT&T lawsuit.
- February 16, 2007 Exhibit A[PDF, 147.50 KB]
- April 24, 2006 Order re Recusal[PDF, 89.40 KB]
- Recusal Brief, Defendants[PDF, 14.00 KB]
- Recusal Brief, Plaintiffs[PDF, 14.73 KB]
- AT&T's reply to EFF's memorandum on secret evidence and arguments[PDF, 243.11 KB]
- October 15, 2007
One Page Info Sheet on AT&T Domestic Spying (PDF)[PDF, 93.50 KB]
Uncategorized
- June 6, 2008 multi-district litigation (update)[PDF, 104.56 KB]
- March 6, 2008 New Whistleblower Allegations Warrant Further Investigation of Retroactive Immunity[PDF, 127.79 KB]
- April 10, 2006 AT&T Administrative Motion for Shortened Time[PDF, 9.70 KB]
- Exhibit B
- Exhibit B: Letter from AT&T[PDF, 63.97 KB]
- Marcus Declaration II [PDF, 400.40 KB]
Press Releases
- June 03, 2009 EFF and ACLU Planning to Appeal Dismissal of Dozens of Spying Cases
- December 01, 2008 EFF to Fight Against Telecom Immunity in Tuesday Hearing
- October 17, 2008 EFF Challenges Constitutionality of Telecom Immunity in Federal Court
- July 09, 2008 Senate Joins House in Caving to White House Immunity Demands
- June 20, 2008 House Caves, Approves Fake 'Compromise' on Telecom Immunity
- June 19, 2008 EFF Urges Congress to Reject Final 'Compromise' on Telco Immunity
- June 18, 2008 EFF Speaks Out Against Telecom Immunity Deal
- May 23, 2008 EFF Blasts New 'Compromise' Offer on Telco Immunity
- February 12, 2008 Senate Caves into Pressure - Won't Block Immunity for Illegal Spying
- February 08, 2008 House Committee Leaders Unite to Oppose Immunity for Telecoms
- December 17, 2007 EFF Applauds Senator Reid's Decision to Delay Surveillance Bill Until January
- December 05, 2007 EFF Calls on Senate Judiciary Committee and Full Senate to Take More Time and Not Let Telephone Companies Off the Hook
- November 15, 2007 Congress Keeps Telecoms on the Hook for Illegal Spying
- November 14, 2007 Senators Must Reject Blanket Immunity for Telecoms' Role in Illegal Spying
Deeplinks Posts
- March 31, 2010 Court Rejects Government's Executive Power Claims and Rules That Warrantless Wiretapping Violated Law
- December 07, 2009 EFF Submits Brief in Key State Secrets Privilege Case
- September 30, 2009 PATRIOT Act Debate Must Include Reform of Last Year's FISA Amendments Act
- September 29, 2009 NYT: New Obama Policy on State Secrets isn't Enough; Reform by Congress is Needed
- September 29, 2009 EFF Supports New Bill to Repeal Telco Immunity
- September 24, 2009 Obama’s Disappointing State Secrets Procedures
- September 17, 2009 EFF Supports JUSTICE Bill to Reform the USA PATRIOT Act and Repeal Telecom Immunity
- August 24, 2009 Op-Ed on Lawless Surveillance by Cindy Cohn
- July 10, 2009 Inspectors General Report on Warrantless Wiretapping
- February 11, 2009 Judge Seeks Further Briefing on Constitutionality of Telecom Immunity
- January 22, 2009 Whistleblower Reveals New Abuses of Wiretapping Power
- January 15, 2009 Secret FISA Court Approves Specific Application of Expired Law For Warrantless Wiretapping
- December 15, 2008 The Whistleblower Who Kick-Started Domestic Spying Revelations
- November 19, 2008 What Obama Can and Should Do to Stop Telecom Immunity
- August 21, 2008 Appeals Court Remands Gov't Appeal in Hepting v. AT&T
- June 13, 2008 Report: Deal to Stop Courts From Ruling on Illegal Warrantless Wiretaps Imminent
- May 23, 2008 McCain Not Giving Straight Talk on Warrantless Wiretapping
- May 07, 2008 A New Look at the Hub of AT&T's Spying Program
- April 15, 2008 More Questions Swirl Around Mukasey's Emotional Plea for Warrantless Wiretapping
- March 18, 2008 AT&T Whistleblower on Immunity for Telecoms
- March 18, 2008 How Surveillance Hurts Free Speech
- March 14, 2008 House Passes Bill with No Immunity for Phone Companies
- March 10, 2008 BoingBoing TV interview with Cindy Cohn and Mark Klein
- March 10, 2008 Wall Street Journal Confirms Key Elements of Hepting v. AT&T
- March 07, 2008 EFF Legal Director Cindy Cohn's Introduction for Mark Klein at the 2008 Pioneer Awards
- March 06, 2008 Tash Hepting: "It's not about the money."
- March 05, 2008 Plaintiffs Speak Out Against Telecom Immunity
- March 03, 2008 Washington Post Columnist Explains "Why Immunity Matters"
- February 22, 2008 Republicans Block FISA Talks
- February 15, 2008 Surveillance Editorial Roundup
- February 12, 2008 FISA Amendments Act News Roundup
- February 06, 2008 FISA News Roundup
- January 23, 2008 Bloggers and Others Push Presidential Candidates on Immunity
- December 17, 2007 Update: Harry Reid Bows to Pressure, Postpones Immunity
In The News
- SAN FRANCISCO BAY GUARDIAN | February 03, 2010 Big Brother Obama
- WIRED NEWS | January 29, 2010 Courts, Congress Shun Addressing Legality of Warrantless Eavesdropping
- AFP | December 10, 2009 Appeal launched over Bush-era wiretapping case
- ASSOCIATED PRESS | October 30, 2009 Obama administration seeks to block wiretap suit
- AMERICAN CONSTITUTION SOCIETY | August 17, 2009 Op-Ed: Lawless Surveillance, Warrantless Rationales
- PC WORLD | July 17, 2009 The NSA Wiretapping Story That Nobody Wanted
- TALKING POINTS MEMO | June 23, 2009 We're All Iranians Now: US Online Spying...
- GUARDIAN UK | June 18, 2009 America accused of spying on millions of emails
- NPR - MORNING EDITION | June 04, 2009 Judge Tosses Warrantless Wiretap Cases
- CNET NEWS | June 03, 2009 Judge halts suits over NSA wiretapping
- NEW YORK TIMES | June 03, 2009 Telecoms Win Dismissal of Wiretap Suits
- WIRED NEWS | June 03, 2009 Judge Tosses Telecom Spy Suits
- DAILY BREEZE | May 05, 2009 Rep. Jane Harman may not be taking on wider wiretap issues
- SAN FRANCISCO CHRONICLE | March 01, 2009 Amend telecommunications surveillance laws
- WIRED NEWS | February 27, 2009 Appeals Court Allows Classified Evidence in Spy Case
- SAN FRANCISCO CHRONICLE | February 26, 2009 Obama administration backs telecom immunity
- WIRED NEWS | February 26, 2009 Obama Administration Supports Telco Spy Immunity
- SAN FRANCISCO CHRONICLE | February 24, 2009 Judge questions law giving telecoms immunity
- DAILY TECH | January 24, 2009 Whistleblower Says NSA Monitors Everybody, Targets Reporters and Dissidents
- SAN FRANCISCO CHRONICLE | January 19, 2009 Illegal wire-tapping suit now in Obama's court
- CONGRESSIONAL QUARTERLY | January 14, 2009 FISA Could Change Under Obama
- CNET NEWS.COM | December 18, 2008 Year in Review 2008: Snooping gets sanctioned
- ARS TECHNICA | December 06, 2008 The week in politics: Retroactive immunity, a "call to action" on broadband, and courts on cyberbullying
- LAW.COM | December 04, 2008 Wiretap Suit May Get Room to Run
- ARS TECHNICA | December 03, 2008 Government, EFF spar in court over telecom immunity
- CQ TODAY | December 03, 2008 How Will the Obama Team Deal With Electronic Spying?
- LOS ANGELES TIMES | December 03, 2008 Bush administration faces new challenges to spying powers
- CNET NEWS.COM | December 02, 2008 EFF, Bush administration spar over telecom immunity
- WIRED NEWS | December 02, 2008 Judge Questions Telecom Immunity
- WIRED NEWS | December 02, 2008 Feds to Judge: Don't 'Second Guess' Bush Domestic Spy Program
- NATIONAL JOURNAL | December 02, 2008 Watchdog Goes To Court Over Government Spying
- CNET NEWS.COM | December 01, 2008 EFF to court: Don't shield telecoms from illegal-spying suits
- WIRED NEWS | December 01, 2008 In Courtroom Showdown, Bush Demands Amnesty for Spying Telecoms
- WIRED NEWS | November 21, 2008 Telecom Amnesty Illegal, Rights Group Argues Ahead of Court Showdown
- NEW YORK TIMES | November 17, 2008 Early Test for Obama on Domestic Spying Views
- WIRED NEWS | November 09, 2008 Bush Spy Revelations Anticipated When Obama Is Sworn In
- WIRED NEWS | November 07, 2008 Feds and Telcos Defend Spy Amnesty to Court
- SAN FRANCISCO CHRONICLE | October 18, 2008 Wiretap lawsuit defense challenged in court
- SALON | October 17, 2008 New EFF brief argues telecom immunity law is unconstitutional
- WIRED NEWS | August 21, 2008 Appeals Court Punts on AT&T Spying Case Appeal
- ARS TECHNICA | September 22, 2008 Constitutional battle brewing after telecom immunity invoked
- WIRED NEWS | September 20, 2008 Attorney General Pulls Immunity Trigger, Denies 'Dragnet' Surveillance -- Update
- KANSAS CITY INFOZINE | January 26, 2008 EFF to Urge Reform of State Secrets Privilege at Congressional Hearing
- MEDIA MATTERS FOR AMERICA | January 31, 2008 Candidates still not asked about wiretaps, FISA, or telecom immunity in debates
- SALON.COM | October 17, 2007 The Truth About Telecom Amnesty
- NEW YORK TIMES | November 16, 2007 Ruling Blocks Challenge To Wiretapping
- EWEEK.COM | October 10, 2007 FCC Takes a Pass on NSA Privacy Probe
- BUSINESSWEEK | November 07, 2007 AT&T To Get Tough On Piracy
- USA TODAY | July 11, 2008 Senate OKs Surveillance Revamp
- DEMOCRACY NOW! | July 07, 2008 AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
- ASSOCIATED PRESS | July 09, 2008 Senate Bows to Bush, Approves Surveillance Bill
- WIRED NEWS | June 09, 2008 McCain's Ties To Telecoms Questioned After Wiretapping Flip-Flop
- CNET NEWS | May 30, 2008 Congress May OK 'Compromise' Bill to Derail Spying Lawsuits
- POLITICO | May 20, 2008 Boehner's Wiretapping Stance Draws Ire
- CNN | May 14, 2008 US Congress, White House Seek Deal On Phone Co Immunity
- NEWSWEEK | April 30, 2008 Just Between Us
- EWEEK | April 24, 2008 GOP Revives Telco Immunity Push
- ARS TECHNICA | April 25, 2008 Senators Seek to Stymie State Secret Shenanigans
- NEW YORK TIMES | March 14, 2008 House Rejects Immunity in Eavesdropping Bill
- TPM | March 11, 2008 House Surveillance Bill Contains Provision to Aid Telecom Suits
- THE WALL STREET JOURNAL | March 10, 2008 NSA's Domestic Spying Grows As Agency Sweeps Up Data