NSA Spying defense implodes

A possibly fatal blow has been struck against the NSA domestic spying program, by one of their own. The crux of the NSA's arguement for dismissal was that it couldn't confirm that it did anything with AT&T et al, as it was a state secret. Obviously that is a ridiculous claim, as the conspicuity has blown away any supposed veil of secrecy, regardless if there was complicity or not. So what happened? National Intelligence Director Mike McConnell has (inadvertently?) destroyed the NSA's claim by openly admitting that the telephone companies being sued did indeed aid in the domestic spying program. Not that there was much doubt, but this is now down on ink and paper, and can not likely be considered a state secret at this point.

So how will the NSA and US Government respond? Perhaps they will claim heresay, or Mike McConnell will be pressured to claim that the interview was a farce. Maybe they will say that the statement is still vague enough that secrecy is preserved, which is like a wet t-shirt contestant denying obscenity charges for the fact they were wearing a shirt.

This lawsuit represents a threat that would bankrupt AT&T, Bell, and Verizon. The damages the telcos would have to pay would be in the billions, as there would be a $500 penalty per violation, to be paid to each person, which is likely anyone reading this. The telcos will use every bit of lobbying and persuasion they can muster to sweep this problem under the rug. And they have been doing a pretty good job of it so far, as we are six years into the illegal spying, with no accountability in sight.

FOLLOWUP: The EFF's Derek Slater has commented that this will allow the spying case to proceed in court, and defeats the government's claim of state secret privilege. Ars Technica speculates the government will shift tactics to press vigorously for immunity for its accomplices when congress reconvenes sessions in September.

UPDATE: I have spoken with the EFF, and they have informed me that they will be developing a strategy for dealing with the upcoming push for retroactive immunity for the telcos.