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EFF Can Use AT&T Docs In Case



David Utter
Staff Writer
2006-05-18

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US District Judge Vaughn Walker allowed the Electronic Frontier Foundation to use whistleblower Mark Klein's documents in its class action lawsuit against AT&T over domestic surveillance.

EFF Can Use AT&T Docs In Case
EFF Can Use AT&T Docs In Case

Those documents, which AT&T claims contain trade secrets and should not be made public, will remain under seal, Judge Walker decided. He directed AT&T to work with EFF in making a public version of those documents available.

"We're very pleased that the court refused AT&T's unreasonable demand that this critical evidence be returned to AT&T and struck from the record," said EFF Staff Attorney Kevin Bankston.

"Taken together with the court's refusal to close the courtroom as AT&T had requested, we think today was a real victory for the public's right to know, and for our ability to litigate this case."

AT&T had requested the hearing be conducted in camera, rather than open to the public. Judge Walker refused that request. After the hearing, AT&T commented on the case.

"There has been a lot of speculation on this issue, but the fact is, AT&T does not provide customer information to law enforcement authorities or government agencies without legal authorization," AT&T spokesman Marc Bien said in a statement.

"We have an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare, whether it be an individual or the security interests of the entire nation."

The case could end before it goes to trial, though. The Department of Justice has already filed a motion to dismiss the case, citing state secrets privilege. Only rarely have courts rejected such requests.

UPDATE!: More on Klein's documents can be found on Wired News.

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About the Author:
David Utter is a business and technology writer for SecurityProNews and WebProNews.

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