Courts, Congress Shun Addressing Legality of Warrantless Eavesdropping

But four years and a mountain of court briefs and rulings later, the legal system has never addressed the merits of the allegations — and likely never will. Even Congress has weighed in and passed legislation to prevent the allegations from being heard.

And many — including the former AT&T technician who produced the documents in the case and the EFF — believe the alleged dragnet surveillance program continues unabated today.

“Nothing has stopped the dragnet,” said Cindy Cohn, the EFF’s legal director, whose case had grown to include all of the nation’s leading internet service providers.

The Bush administration and now the Obama administration have neither admitted nor denied the allegations. Instead, they have declared the issue a state secret — one that would undermine the nation’s national security if exposed.

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