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ELEC. FRONTIER v. OFFICE OF DIR. OF NAT. INTELL.

No. 09-17235.

595 F.3d 949 (2010)

ELECTRONIC FRONTIER FOUNDATION, Plaintiff-Appellee, v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; Department of Justice, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2010.

Attorney(s) appearing for the Case

Douglas N. Letter and Scott McIntosh, United States Department of Justice, Civil Division, Washington, DC, for the defendants-appellants.

Marcia Hofmann, San Francisco, CA, for the plaintiff-appellee.

Before: MYRON H. BRIGHT, HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

In the wake of the September 11, 2001 terrorist attacks, the President authorized the National Security Agency ("NSA") to conduct a warrantless, electronic surveillance program on millions of American telephones. Numerous lawsuits have claimed the program was illegal and unconstitutional, e.g., Al-Haramain Islamic Foundation, Inc. v. Bush, 507 F.3d 1190, 1192-93 (9th Cir.2007), including...

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