"EFF was skeptical when the Obama Administration announced in September its new policy on when the Executive Branch would assert the state secrets privilege in litigation. We argued that the Administration's promise of self-restraint was no replacement for Congressional reform of the oft-abused privilege, considering how the new administration had already embraced the Bush Administration's position on warrantless wiretapping and secrecy by invoking the state secrets privilege in an attempt to have EFF's case against the government, Jewel v. NSA, tossed out of court. Based on that experience, we feared that the purported change in policy would result in no change at all when it came to lawsuits over the NSA spying program." - Steven Perez from Bookmarklet