EFF Defeats Motion to Dismiss
EFF Defeats Motion to Dismiss:
EFF scored a crucial early victory today in its litigation against AT&T over the company’s alleged participation in NSA surveillance. The district judge issued this lengthy ruling in which he refused to dismiss the case at this juncture on the basis of the state secrets privilege, and also sounded somewhat skeptical overall about the government’s assertion that the litigation itself endnagers national security. A key quote:
To defer to a blanket assertion of secrecy here would be to abdicate that duty, particularly because the very subject matter of this litigation has been so publicly aired. The compromise between liberty and security remains a difficult one. But dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security.
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