"Cohn admits the government has many sovereign immunity defenses that can protect it from lawsuits, but says they aren't insurmountable and that the program clearly violates the Fourth Amendment.

As for the unexpectedly long-lived suit against AT&T, the government and the EFF are discussing when and how the government will attempt to have the case dismissed using the amnesty provision. The EFF wants to challenge the legality of the amnesty before it is actually applied, while the government prefers to have the case dismissed first -- then have the EFF fight the dismissal.

Lawyers for both sides will meet with the judge in the case in early September, setting a likely date for the next court appearance in December."

Good, we quit AT&T over this, and we very clear about why they lost our business.