Hepting et al v. AT&T Corp. et al

Filing 100

Declaration of KEVIN S. BANKSTON in Support of 99 Memorandum in Opposition TO THE MOTION OF DEFENDANT AT&T CORP. TO COMPEL RETURN OF CONFIDENTIAL DOCUMENTS filed byGregory Hicks, Erik Knutzen, Tash Hepting, Carolyn Jewel. (Related document(s) 99 ) (Morris, Maria) (Filed on 5/1/2006)

Hepting et al v. AT&T Corp. et al

Doc. 100

1 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) 2 [e-mail] LEE TIEN (148216) 3 [e-mail] KURT OPSAHL (191303) 4 [e-mail] KEVIN S. BANKSTON (217026) 5 [e-mail] CORYNNE MCSHERRY (221504) 6 [e-mail] JAMES S. TYRE (083117) 7 [e-mail] 454 Shotwell Street 8 San Francisco, CA 94110 Telephone: [phone] (fax) 10 Attorneys for Plaintiffs 11 [Additional counsel appear on signature page.] 12 13 14

TRABER & VOORHEES BERT VOORHEES (137623) [e-mail] THERESA M. TRABER (116305) [e-mail] 128 North Fair Oaks Avenue, Suite 204 Pasadena, CA 91103 Telephone: [phone] (fax)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C-06-00672-VRW CLASS ACTION DECLARATION OF KEVIN S. BANKSTON IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTION OF DEFENDANT AT&T CORP. TO COMPEL RETURN OF CONFIDENTIAL DOCUMENTS Date: Time: Courtroom: Judge: May 17, 2006 10:00 a.m. 6, 17th Floor Honorable Vaughn R. Walker

15 TASH HEPTING, GREGORY HICKS, ) CAROLYN JEWEL and ERIK KNUTZEN, on ) 16 Behalf of Themselves and All Others Similarly ) Situated, ) 17 ) Plaintiffs, ) 18 ) vs. ) 19 ) AT&T CORP., et al. ) 20 ) Defendants. ) 21 ) 22 23 24 25 26 27 28

Dockets.Justia.com

1 2

I, Kevin S. Bankston, hereby declare: 1. I am an attorney of record for plaintiffs in this action and a member of good standing

3 of the California State Bar, and am admitted to practice before this Court. I have personal knowledge 4 of the matters stated in this declaration. If called upon to do so, I am competent to testify to all 5 matters set forth herein. 6 2. On the afternoon of Friday, January 20, 2006, Shari Steele, the Executive Director of

7 the Electronic Frontier Foundation (EFF), came to my office and informed me that a gentleman had 8 walked into EFF's lobby unsolicited, saying that he had information linking AT&T to the National 9 Security Agency's ("NSA") domestic surveillance program that he wanted to disclose to EFF, 10 including several documents which he carried with him in a manila envelope. 11 3. I escorted the gentleman, who identified himself as Mark Klein, to my office for a

12 private interview. 13 4. In my office, Mr. Klein informed me that he was a former AT&T employee with

14 evidence of AT&T's collaboration with the NSA in its domestic spying program. 15 5. Mr. Klein handed to me excerpts of AT&T documents that he said described the

16 technology behind AT&T's participation in the program, whereby the NSA had been given complete 17 access to the Internet traffic transiting through at least one, and probably more, AT&T Internet 18 facilities. At this point, I asked Senior Staff Attorney Lee Tien to come to my office and join the 19 discussion with Mr. Klein. 20 6. In our conversation with Mr. Klein, Mr. Tien and I found him to be credible, and the

21 document excerpts that he provided to us appeared to contain authentic and valuable information 22 relevant to a potential case we were investigating. 23 7. After EFF filed the current class action against AT&T for its illegal participation in

24 the NSA program on January 31, 2006, Mr. Klein, represented by counsel, agreed to serve as a 25 declarant for plaintiffs' preliminary injunction motion regarding the AT&T Internet surveillance of 26 which he had evidence, and provided complete copies of the AT&T documents to EFF on February 27 28, 2006. 28
DEC OF BANKSTON IN SUPP-OPP OF AT&T- CMPL RET OF CONF DOCS - C-06-00672-VRW

-1-

1

8.

The AT&T documents attached as exhibits to the declaration of Mr. Klein are the

2 only AT&T documents provided to EFF by Mr. Klein. 3 9. Prior to January 20, 2006, no one at EFF had met or communicated with Mr. Klein in

4 any way. 5 I declare under penalty of perjury under the laws of the United States that the foregoing is

6 true and correct. Executed this 1st day of May, 2006, at San Francisco, California. 7 8 9 10 11 12 13 14 15 I, Maria V. Morris, am the ECF User whose ID and password are being used to file this Declaration of Kevin S. Bankston in Support of Plaintiffs' Opposition to Motion of Defendant AT&T Corp. to Compel Return of Confidential Documents. In compliance with General Order 45, X.B., I hereby attest that Kevin S. Bankston has concurred in this filing. /s/ Maria V. Morris MARIA V. MORRIS LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail:[e-mail] /s/ Kevin S. Bankston KEVIN S. BANKSTON

DATED: May 1, 2006 16 _______________________ 17 18 19 20 21 22 23 24 25 26 27 28
T:\CasesSF\AT&T Privacy\DEC00030516_Bankston.doc

DEC OF BANKSTON IN SUPP-OPP OF AT&T- CMPL RET OF CONF DOCS - C-06-00672-VRW

-2-

1 2

CERTIFICATE OF SERVICE I hereby certify that on May 1, 2006, I electronically filed the foregoing with the Clerk of the

3 Court using the CM/ECF system which will send notification of such filing to the e-mail addresses 4 denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the 5 foregoing document or paper via the United States Postal Service to the non-CM/ECF participants 6 indicated on the attached Manual Notice List. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Maria V. Morris MARIA V. MORRIS LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) E-mail:[e-mail]

CAND-ECF

Page 1 of 2

Mailing Information for a Case 3:06-cv-00672-VRW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Stuart Bankston [e-mail]
Kevin

Allan Berenson [e-mail] [e-mail]
Bradford

Ann Cohn [e-mail] [e-mail];[e-mail]
Cindy

Joseph Coppolino [e-mail]
Anthony

A. Ericson [e-mail]
Bruce

D Friedman [e-mail] [e-mail]
Jeff

A. Isaacson [e-mail]
Eric

R. Kathrein [e-mail] [e-mail];[e-mail]
Reed

Robert McNicholas [e-mail] [e-mail]
Edward

McSherry [e-mail]
Corynne

V. Morris [e-mail] [e-mail];[e-mail]
Maria

Opsahl [e-mail]
Kurt

Eve Scarlett [e-mail] [e-mail];[e-mail]
Shana

R. Sorensen [e-mail]
Jacob Andrew

H Tannenbaum

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?109542021341325-L_701_0-1

5/1/2006

CAND-ECF

Page 2 of 2

[e-mail] Lee Tien [e-mail]
Tze

M. Traber, Esq [e-mail]
Theresa

Samuel Tyre [e-mail] [e-mail]
James

Van Der Hout [e-mail]
Marc

Voorhees [e-mail]
Bert

Roy Wiebe [e-mail]
Richard

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
David W. Carpenter Sidley Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60600 David L. Lawson Sidley Austin Brown & Wood 172 Eye Street, N.W. Washington, DC 20006

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?109542021341325-L_701_0-1

5/1/2006