(EFF) San Francisco - A federal judge today dismissed dozens of lawsuits over illegal domestic surveillance of American citizens, ruling that telecommunications companies had immunity from liability under the controversial FISA Amendments Act (FISAAA). The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) California and Illinois affiliates are planning to appeal the decision to the 9th U.S. Circuit Court of Appeals, arguing that FISAAA is unconstitutional.
"We're deeply disappointed in Judge Walker's ruling today," said EFF Legal Director Cindy Cohn. "The retroactive immunity law unconstitutionally takes away Americans' claims arising out of the First and Fourth Amendments, violates the federal government's separation of powers as established in the Constitution, and robs innocent telecom customers of their rights without due process of law."
Signed by President Bush in 2008, the FISAAA allowed for the dismissal of the lawsuits over the telecoms' participation in the warrantless surveillance program if the government secretly certifies to the court that the surveillance did not occur, was legal, or was authorized by the president. Then-Attorney General Michael Mukasey filed that classified certification with the court in September and demanded that the cases be dismissed.


