EFF's warrantless wiretapping case dismissed

The Electronic Frontier Foundation reports:

A fed­eral judge has dis­missed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T cus­tomers chal­leng­ing the National Security Agency’s mass sur­veil­lance of mil­lions of ordi­nary Americans’ phone calls and emails.

via EFF Plans Appeal of Jewel v. NSA Warrantless Wiretapping Case | Electronic Frontier Foundation.

The gov­ern­ment had argued, first, that sov­er­eign immu­nity applied and, sec­ond, that the state secrets and related priv­i­leges would pre­vent the intro­duc­tion of crit­i­cal evi­dence. The judge, how­ever, avoided rul­ing on these (poten­tially con­tro­ver­sial) grounds, and instead ruled that the harm alleged was a “gen­er­al­ized griev­ance shared … by all or a large class of cit­i­zens,” cit­ing Seegers v. Gonzalez (this is some­times called “duck­ing the question”).

The EFF plans to appeal.

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