Nos. 10-15616, 10-15638.

673 F.3d 902 (2011)

Carolyn JEWEL; Tash Hepting; Gregory Hicks; Erik Knutzen; Joice Walton, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. NATIONAL SECURITY AGENCY; Keith B. Alexander, Director, in his official and personal capacities; Michael V. Hayden, in his personal capacity; United States of America; George W. Bush, President of the United States, in his official and personal capacities; Richard B. Cheney, in his personal capacity; David S. Addington, in his personal capacity; Department of Justice; Alberto R. Gonzales, in his personal capacity; John D. Ashcroft, in his personal capacity; John M. McConnell, Director of National Intelligence, in his official and personal capacities; John D. Negroponte in his personal capacity; Michael B. Mukasey, Attorney General; Barack Hussein Obama; Eric H. Holder, Jr., Attorney General; Dennis C. Blair, Defendants-Appellees, Virginia Shubert; Noha Arafa; Sarah Dranoff; Hilary Botein, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. George W. Bush; Michael V. Hayden; Keith B. Alexander; Alberto R. Gonzales; John Ashcroft; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2011.

Attorney(s) appearing for the Case

Cindy Cohn , Lee Tien , Kurt Opsahl , Kevin S. Bankston , James S. Tyre , Electronic Frontier Foundation, San Francisco, CA; Rachael E. Meny , Paula L. Blizzard , Michael S. Kwun , Audrey Walton-Hadlock , Keker & Van Nest LLP, San Francisco, CA; Richard R. Wiebe , Law Office of Richard R. Wiebe, San Francisco, CA; Thomas E. Moore III , The Moore Law Group, Palo Alto, CA; and Aram Antaramian , Law Office of Aram Antaramian, Berkeley, CA, for the plaintiff-appellant.

Matthew D. Brinckerhoff , Ilann Margalit Maazel , Adam R. Pulver , Emery Celli Brinckerhoff & Abady LLP, New York, NY, for the plaintiff-appellant [10-15638].

H. Thomas Byron, III , DOJ—U.S. Department of Justice, Washington, DC, for the defendant-appellee [10-15616 and 10-15638].



McKEOWN, Circuit Judge:

This case is one of many arising from claims that the federal government, with the assistance of major telecommunications companies, engaged in widespread warrantless eavesdropping in the United States following the September 11, 2001, attacks. At issue in this appeal is whether Carolyn Jewel and other residential telephone customers (collectively "Jewel") have standing to bring their statutory and constitutional claims against...

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