Ryan Singel and David Kravets are blogging the U.S. 9th Circuit hearing on the NSA's spying, and AT&T's alleged complicity, reporting live from the San Francisco courthouse.

AT&T is also caught up in this whole mess. It has been reported that they gave the NSA a secret room with a fiber split directly off of main Internet routers.

The judge denies a motion to dismiss based upon state secrets. When asked, the State's defense claimed that no monitoring occurred for US to US traffic, but refused to sign a sworn affidavit.

Of course, AT&T had a lawyer there. He added this lovely bit of information:

"The government has said that whatever AT&T is doing with the government is a state secret," Kellogg says. He adds, "As a consequence, no evidence can come in whether the individuals' communications were ever accepted or whether we played any role in it."

@ ThreatLevel

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