In 2005, Americans learned that the President authorized the National Security Agency (NSA) to wiretap phone and email communications involving United States persons within the U.S. without obtaining a warrant or court order pursuant to the Foreign Intelligence Surveillance Act of 1978 (FISA). FISA prohibits unauthorized electronic surveillance. Shortly afterwards Americans also learned that the major telecoms participated in warrantless surveillance, handing over billions of their customers private communications and communications records. EFF later developed specific, undisputed whistleblower evidence demonstrating AT&T's direct participation in the warrantless surveillance by diverting its customer communications to the NSA.

EFF believes the warrantless surveillance violates the Fourth Amendment, FISA, the Wiretap Act, and most likely the Electronic Communications Privacy Act. Moreover, it is neither authorized nor justified by the Constitutional power of the executive.

EFF filed the first case against a telecom arising from the warrantless surveillance, called Hepting v. AT&T. This page collects information about the Hepting case, as well as about the nearly 40 legal cases that have arisen from the warrantless surveillance currently pending in the Northern District of California courts. It also includes EFF's blog posts and related documents. For a simpler page with resources about EFF's Hepting case of more interest to non-lawyers, visit the AT&T Class Action Resources page