9th Circuit Denies Rehearing on US Surveillance
A 9th U.S. Circuit Court of Appeals panel denied (in Pacer, 19-16066) a request for rehearing in a government mass surveillance case (see 2011020063). The Electronic Frontier Foundation sued NSA in 2008 over an alleged illegal dragnet program that EFF…
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says AT&T and Verizon participated in. A federal district court ruled in the government’s favor, saying revealing classified information at issue would threaten national security by giving adversaries a road map for surveillance practices. The one-page order issued Tuesday by Judges Margaret McKeown, Ronald Gould and Carlos Bea said the full court was advised of the petition for rehearing and no judge requested a vote. The panel affirmed the district court’s decision in August, with EFF saying the court provided “little explanation.” The plaintiffs “failed to set forth sufficient evidence of standing,” the court said in August. Executive Director Cindy Cohn said EFF is disappointed the court isn't "willing to revisit the decision, especially in light of the two cases pending before the Supreme Court that could be critical to how both the State Secrets Privilege and [Foreign Intelligence Surveillance Act] are interpreted. The Courts cannot and should not remove themselves from cases where the privacy of millions of Americans are at stake."