“The Electronic Frontier Foundation (EFF) told a federal judge today that the government should not be allowed to use the “state secrets privilege” to preempt the class-action lawsuit against AT&T. EFF’s suit accuses AT&T of collaborating with the National Security Agency (NSA) in illegally spying on millions of Americans — handing over customers’ telephone and Internet records and communications without any legal authority. Department of Justice lawyers argued today that even if the NSA program is illegal, pursuing the case might expose “state secrets.” However, EFF attorneys asked the judge to allow the case to proceed, considering the privilege in regards to specific evidence and situations instead of derailing the suit all together.”
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