Sunbird writes The EFF has argued several cases before the critics yesterday Ninth Circuit Court of Appeals. So Hepting v. AT and T and Jewel v. National Security Agency raises serious questions about whether the NSA program for warrant wiretap (pdf Summary of Evidence), released by whistleblower Mark Klein and implemented by AT and T and other telecommunications, violates the Fourth Amendment to the U.S. Constitution. The full text of Klein’s statement and exhibits redacted are publicly available (pdf). … The evidence establishes that Klein AT and T cut in the fiber optic cable in San Francisco to deliver a complete copy of the Internet and telephone traffic to the room to secure the SG3 operated by the NSA. The trial court dismissed the complaint Hepting (about pdf) based on the 2008 congressional grant of immunity to telecoms. Similarly, the trial court dismissed Jewel in (to pdf) the trial against government agencies and officials based on the state secrets privilege. The two cases were argued together before the same panel of judges. The audio of oral argument will be available after noon PDT [17:00 GMT] TODAY ‘hui.