http://blog.wired.com/27bstroke6/2007/08/verizon-and-gov.htmlBy Ryan Singel EmailAugust 30, 2007 | 7:16:55 PMCategories: Surveillance, The Courts
Verizon and its government allies told a federal court judge Thursday that national security requires the dismissal of lawsuit accusing the phone provider of violating federal privacy laws by allegedly providing millions of phone records to a secret anti-terrorism data-mining program. Verizon also argues that the nation's telephone privacy laws interferes with the company's free speech rights.
Justice Department special counsel Anthony Coppolino argued that since the government has not confirmed or denied data mining call records, the program is a secret and the court needed to defer to the executive branch.
"On the call records program, there has been no executive branch confirmation of that program -- not by the President, not by the Attorney General, not by the Director of National Intelligence," Coppolino said. "That alone requires dismissal. It doesn't matter if the carriers were involved."
The presiding judge, Chief Judge Vaughn Walker of San Francisco's federal district court, rejected similar arguments for dismissal from AT&T and the government in a case argued last year. However, in that case, AT&T is accused, in part, of helping with warrantless spying on the contents of some international communications on Americans, which the government has admitted to.
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