(AT&T) Telephone Company Is Arm of Government, Feds Admit in Spy Suit
If this doesn't alarm you...

http://www.wired.com/threatlevel/2009/10/att-doj-foia/
Telephone Company Is Arm of Government, Feds Admit in Spy Suit
By Ryan Singel October 8, 2009 | 8:24 pm | Categories: NSA
AT&T was the first of many telcos sued for helping the NSA spy on Americans
without warrants
The Department of Justice has finally admitted it in court papers: The nation's
telecom companies are an arm of the government at least when it comes to
secret spying.
Fortunately, a judge says that relationship isn't enough to quash a rights
group's open records request for communications between the nation's telecoms
and the feds.
The Electronic Frontier Foundation wanted to see what role telecom lobbying of
the Justice Department played when the government began its year-long, and
ultimately successful, push to win retroactive immunity for AT&T and others
being sued for unlawfully spying on American citizens.
The feds argued that the documents showing consultation over the controversial
telecom immunity proposal weren't subject to the Freedom of Information Act
since they were protected as "intra-agency" records:
"The communications between the agencies and telecommunications companies
regarding the immunity provisions of the proposed legislation have been regarded
as intra-agency because the government and the companies have a common interest
in the defense of the pending litigation and the communications regarding the
immunity provisions concerned that common interest."
U.S. District Court Judge Jeffery White disagreed and ruled on September 24 that
the feds had to release the names of the telecom employees that contacted the
Justice Department and the White House to lobby for a get-out-of-court-free
card.
"Here, the telecommunications companies communicated with the government to
ensure that Congress would pass legislation to grant them immunity from legal
liability for their participation in the surveillance," White wrote. "Those
documents are not protected from disclosure because the companies communicated
with the government agencies "with their own
interests in mind," rather than
the agency's interests."
The feds were supposed to make the documents available Friday, but in a motion
late Thursday, the Obama administration is asking for a 30-day emergency stay
(.pdf):
http://www.eff.org/files/filenode/foia_C0705278/Emergency stay motion.final.pdf
so it can file a further appeal.
Read more at the EFF's blog.
http://www.eff.org/deeplinks/2009/10/judge-brushes-government-delay-attempts-clearing-w