Court orders dismissal of U.S. wiretapping lawsuit

By Grant Gross

July 6, 2007 12:00 PM ET

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The appeals court decision leaves opponents of the NSA program in a difficult position, said Jim Dempsey, policy director of the Center for Democracy and Technology, a civil liberties group that has opposed the program.

The appeals court ruled that the plaintiffs could not sue because they can't prove they were affected by the program, and at the same time, ruled that details about the program, including who was targeted, are state secrets.

"We still don't know how many people were affected," Dempsey said.

If the courts aren't willing to challenge presidential authority, and Congress is unable to move ahead with its investigation of the NSA program, "then the president really is unchallenged," Dempsey added. "A democratic system should have checks and balances, and this decision says the judiciary will not play a role in that."

The appeals court decision does not affect another lawsuit still pending in California, in which the Electronic Frontier Foundation has sued AT&T Inc., which allegedly participated in the NSA program.

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