AT&T leaks sensitive info in NSA suit
Published: May 26, 2006, 9:39 AM PDT
Last modified: May 26, 2006, 3:35 PM PDT
Lawyers for AT&T accidentally released sensitive information while defending a lawsuit that accuses the company of facilitating a government wiretapping program, CNET News.com has learned.
AT&T's attorneys this week filed a 25-page legal brief striped with thick black lines that were intended to obscure portions of three pages and render them unreadable (
The deleted portions of the legal brief seek to offer benign reasons why AT&T would allegedly have a secret room at its downtown San Francisco switching center that would be designed to monitor Internet and telephone traffic. The Electronic Frontier Foundation, which filed the class-action lawsuit in January, alleges that the room is used by an unlawful National Security Agency surveillance program. "AT&T notes that the facts recited by plaintiffs are entirely consistent with any number of legitimate Internet monitoring systems, such as those used to detect viruses and stop hackers," the redacted pages say. Another section says: "Although the plaintiffs ominously refer to the equipment as the 'Surveillance Configuration,' the same physical equipment could be utilized exclusively for other surveillance in full compliance with" the Foreign Intelligence Surveillance Act.
The redacted portions of AT&T's court filing are not classified, and no information relating to actual operations of an NSA surveillance program was disclosed. Also, AT&T's attorneys at the law firms of
Although EFF's lawsuit was filed before allegations about the room surfaced, reports of its existence have become central to the nonprofit group's attempts to prove AT&T opened its network to the NSA. A former AT&T employee, Mark Klein, has released documents alleging the company spliced its fiber optic cables and ran a duplicate set of cables to Room 641A at its 611 Folsom Street building. This is hardly the first time that PDF files have leaked embarrassing or sensitive information. In an ironic twist, the NSA published a 13-page paper in January describing how redactions could be done securely. A similar problem has arisen with metadata associated with Microsoft Office files. In March 2004, a gaffe by the SCO Group revealed which companies it had considered targeting in its legal campaign against Linux users. Microsoft Office 2003/XP even offers a way to "permanently remove hidden data and collaboration data" from Word, Excel and PowerPoint files. Documents that EFF filed, including a redacted version (hearing last week.
'State secrets' invoked Lawyers for the Justice Department have offered to fly a courier from Washington to San Francisco with classified documents that Walker could review in private--documents that, in the eyes of the government, will convince him to dismiss the lawsuit. (The Bush administration also argues that EFF lawyers should not be permitted to see the classified information.) "No aspect of this case can be litigated without disclosing state secrets," the government said in its brief this week. "The United States has not lightly invoked the state secrets privilege, and the weighty reasons for asserting the privilege are apparent from the classified material submitted in support of its assertion."
It also pointed to a May 12 ruling from a federal judge in Virginia who
dismissed a case against Khaled El-Masri, a German citizen of Lebanese
descent. (El-Masri had claimed to have been abducted and tortured by the
CIA in an "
The Bush administration said the case must be dismissed on "state
secrets" grounds, and U.S. District Judge T.S. Ellis reluctantly agreed.
Ellis wrote that "any answer to the complaint by the defendants risks
the disclosure of specific details about the rendition argument."
In addition, Wired News filed a brief written by
TrackBackSee links from elsewhere to this story. 15 comments
Post a comment TalkBackNo Such Agency Says There Is No Such RoomCancerMan2 You can listen to the "redacted" textcacondor The old storyheystoopid If the room doesn't exist, why is the Bushwtortorici Where is the original document? PDF Link?reecewilson Wire Tapping ...Ian Gumby Why?ScullyB lawyers can do it confidentiallymarileev at&tsaturnine01 Microsoft offers redaction add-inCharles Upsdell
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