ACLU v. AT&T and Verizon

March 17, 2008

The ACLU has sued telecommunications giants AT&T and Verizon to stop them from continuing to provide the National Security Agency (NSA) with the personal phone records of millions of California customers.

Since September 11, 2001, the telephone companies have been providing the NSA with customers' records, including phone numbers for incoming and outgoing calls, and time, date, and duration of each call.  This information was turned over without customers’ knowledge or consent, and without any court order, warrant, or other proper legal process. 

The three California ACLU affiliates (Northern California, Southern California, and San Diego & Imperial Counties) filed the lawsuits on behalf of 17 individual plaintiffs and more than 100,000 ACLU members statewide. Nationwide, 20 other ACLU affiliates have filed complaints with local Public Utility Commissions, state attorneys general, and other officials demanding investigations into whether local telecommunications companies allowed the NSA to spy on their customers.

In addition, to the ACLU's lawsuits, numerous private suits have been filed, all of which have been consolidated for pretrial purposes before Judge R. Vaughn Walker of the United States District Court for the Northern District of California.  On August 30, 2007, Judge Walker will be hearing argument on motions to dismiss the lawsuits against Verizon.  The Bush Administration is asking the Court to dismiss all of the cases filed against Verizon on the ground that the lawsuits are barred by the state secrets privilege.  Verizon seeks dismissal of the suits on numerous grounds, including the novel claim that its action in turning over customer records to the government is protected by the First Amendment.

LEGAL DOCUMENTS
AT&T Complaint
Verizon Complaint

Remand Briefing
Campbell Remand Motion
Riordan Remand Motion
AT&T's Opposition to Remand Motion
Riordan Remand Motion
Verizon's Opposition to Remand Motion
Plaintiff's Joint Reply in Support of Remand Motion
Government's Statement of Interest re Remand Motion
Plaintiffs Joint Response to Government's Statement of Interest
Order Denying Remand Motion

Government's Intervention Motion
Government's Motion to Intervene
Plaintiff's Joint Opposition to Intervention
Government's Reply re Intervention

Verizon Motion to Dismiss
Verizon's Motion to Dismiss Brief
Plaintiffs' Opposition to Motion to Dismiss
Verizon's Reply Memo

US State Secret Motion
Government's State Secret Brief (1 of 2)
Government's State Secret Brief (2 of 2)
Plaintiffs' Joint Opposition to State Secrets Motion
Government's Reply Brief