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Submission + - Could EFF Bring Case Against ATT Under the DMCA?

johns582 writes: "The EFF's case against ATT is based largely on the claim that ATT was complicit in the violation of consumers' privacy when it cooperated with the NSA to create a secret room at its San Francisco facility which, when put together with similar facilities, may have diverted as much as half of ATT's domestic traffic to the NSA for analysis. But perhaps an alternative strategy would be for the EFF to bring the case against ATT as a violation of the DMCA. Since the device used to divert traffic to the NSA (a "splitter") makes copies of all of the traffic passing through the network, what happens when an ATT customer downloads a legal copy of Fireworks, for example, and the packets transferred from Macromedia to the end-user are duplicated by ATT? There must be massive illegal copying involved in this operation — numerous counts of violations of the DMCA. Wouldn't it be, er, poetic if government spying was struck down under the DMCA? Or better yet: let ATT's lawyers find a way to weaken the DMCA by getting ATT off and, in the process, setting precedent that weakens the DMCA's application."

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