(AP) SAN FRANCISCO Secret documents that allegedly detail the surveillance of AT&T phone lines under the Bush administration's domestic spying program can be used in a lawsuit against the telephone giant, a federal judge ruled Wednesday, but the records will remain sealed.
U.S. District Judge Vaughn Walker rejected a bid by AT&T Inc. to return the records that were given to the privacy advocate Electronic Frontier Foundation by a former AT&T technician. But Walker said the records would remain under seal until it can be determined whether they reveal trade secrets. "The best course of action is to preserve the status quo," Walker said.
The hearing is the first in a lawsuit challenging the administration's secretive domestic surveillance program.
The lawsuit is based largely on the former technician's documents, which the technician and EFF assert show that the NSA is capable of monitoring communications on AT&T's network after the NSA installed equipment in secret rooms at AT&T offices in San Francisco, Seattle, San Jose, Los Angeles and San Diego.
"They are asking this court to suppress evidence of AT&T's criminal activity," EFF lawyer Maria Morris said in arguing that the records remain part of the case.
AT&T lawyer David Anderson, arguing the records should be returned to the company, said, "I thought it was unfortunate counsel chose to use the terms 'criminal activities' and 'crimes."'
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