Rule of thumb. If ever the government claims state secrets, they are playing their, "We did something wrong, and would like to get out of jail free" card.<p>I know of a number of cases where state secrets was claimed, then later it was proven that there was no actual state secret proven. (Including the very first case where state secrets were used as a defense in a court room.) I know of no cases where state secrets were claimed, and then there turned out to be an actual state secret at issue.
I wish the EFF good luck with this case. They are certainly going to need it! The change in US government attitudes regarding spying on its own citizens (at least publicly) during the last 10 years is chilling to say the least.
I sincerely commend the EFF for taking a stand to slow down the descent along the slippery slope of a 24x7x365 survelied society.<p>At this point however, it is probably a safe assumption:
No matter what the NSA/NRO/CIA/DOJ or anyone else says, the US gov. in one form or another is monitoring every single Phone call, E-mail, Chat, Skype and any other form of electronic communication into and out of the USA. Also the location data that your cell phone leaks pretty much makes physical surveillance superfluous.<p>The Technology has been too cheaply available and the temptation too great for the truth to be anything else.<p>What the EFF should also be doing is launching a campaign to make end-to-end encryption the default everywhere. Every e-mail you write /Chat session/Skype session should be encrypted in transport for every one. Make the cost of doing this mass-surveillance so expensive that the Govt is forced to prioritize on the actual targets.
If they manage to get the NSA off the backbones and repeal PATRIOT so the feds can't review my entire digital life in realtime with no warrant, I will move back to the USA.<p>(But of course not NYC where you are subject to illegal search just riding the subway.)<p>I ain't holdin' my breath. :(
If they think this is necessary, then at the very least the legislative branch of government should sign this into law - just doing it is not how a democratic government is supposed to work.