This week EFF presented evidence [eff.org] in two of its NSA cases confirming the participation of Verizon Wireless, Sprint and AT&T in the NSA's mass telephone records collection under the Patriot Act. This is important because, despite broad public acknowledgement, the government is still claiming that it can dismiss our cases because it has never confirmed that anyone other than Verizon Business participated and that disclosing which providers assist the agency is a state secret. This argument was successful recently in convincing the D.C. Circuit to reverse and remand the case of Klayman v. Obama.
EFF filed requests with the courts in two lawsuits, Smith v. Obama and First Unitarian Church of Los Angeles v. NSA, asking that they accept as evidence and take into account government filings in the secret Foreign Intelligence Surveillance Court (FISC) that were recently made public. The filings confirm that AT&T, Verizon, Verizon Wireless, and Sprint participated in the NSA’s programs since they report on a "compliance incident" involving those companies.