January 4, 2012 - A civil suit against the government filed over National Security Agency warrantless wiretapping can proceed, ruled the Ninth Circuit Court of Appeals in a Dec. 29 opinion.
The opinion sends back to a lower federal court a lawsuit filed by Petaluma, Calif., resident Carolyn Jewel on behalf of herself and subscribers to AT&T telephone or Internet services. The U.S. District Court for Northern California dismissed (.pdf) in 2010 Jewel's suit on the grounds that the harm alleged was "a generalized grievance shared substantially equal measure by all or a large class of citizens."
In remanding Jewel's suit back to the district court, the Ninth Circuit disagreed. Judge M. Margaret McKeown, who wrote the opinion on behalf of a three-judge panel including herself, Harry Pregerson and Michael Hawkins, said Jewel's claims "are not abstract, generalized grievances and instead meet the constitutional standing requirement of concrete injury." read more>>>
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