AT&T loses first round in EFF court battle

Documents allegedly show that AT&T opened its key telecoms facilities and databases to direct access by the NSA

AT&T has lost its legal battle with the Electronic Frontier Foundation (EFF) over leaked documents purporting to show that the telco had been helping the US National Security Agency (NSA) to spy on its customers.

The documents, which were handed to the EFF by a former technician at AT &T, allegedly show that the telco opened its key telecoms facilities and databases to direct access by the NSA and/or other government agencies, thereby disclosing to the government the contents of its customers' communications as well as detailed communications records about millions of its customers.

US District Judge Vaughn Walker said that the evidence - three documents that AT&T alleges are proprietary and contain company trade secrets - can be used in the case but will be kept under seal for now.

"We are 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.

"And, although the evidence itself will stay under seal, the court has asked AT&T to work with us in providing public versions of our legal papers.

"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."

This is just the latest turn in an issue that is causing growing unease in the US about the right of privacy of individuals. Other telecoms companies have denied that they are helping the NSA, although the White House claims such actions are within the law.

"Congress has set up strong laws protecting the privacy of your c ommunications, strictly limiting when telephone and internet companies can subject your phone calls to government scrutiny," said EFF staff attorney Kurt Opsahl.

"The companies that have betrayed their customers' trust by illegally handing the NSA direct access to their networks and databases must be brought to account. AT&T needs to put a sign on its door that reads 'Come Back With a Warrant.'"

The next hearing in the case concerning AT&T and the US government's motions to dismiss the lawsuit, is set for 23 June.