Hepting v. AT&T
[2] In 2006, journalists revealed a widespread warrantless wiretapping operation in the United States, in which government security officials worked with telecommunications firms to surveil the personal communications of citizens under the guise of protecting the country against terrorism.[13] That statute granted retroactive immunity to telecommunications companies for past violations of the original Foreign Intelligence Surveillance Act of 1978, which in turn required warrants for such activities.[14] Shortly thereafter, the Ninth Circuit dismissed the government's appeal and remanded the case back to the District Court, to determine the likelihood of success in light of the immunity gained by AT&T from the FISA Amendments Act.[19] In 2011, that court dismissed the appeal because the EFF could not argue that AT&T had any legal liability for cooperating with the NSA surveillance, especially in light of the retroactive immunity against lawsuits enabled by the FISA Amendments Act.[22] The retroactive immunity gained by telecommunications firms that cooperate with the program has attracted professional criticism because this allows the parties involved to avoid the constitutional implications of their actions.