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"The court is persuaded that requiring AT&T to confirm or deny whether it has disclosed large quantities of telephone records to the federal government could give adversaries of this country valuable insight into the government's intelligence activities," U.S. District Judge Matthew F. Kennelly said. A number of such lawsuits have been filed around the country in the wake of news media reports that AT&T and other phone companies had turned records over to the National Security Administration, which specializes in communications intercepts.

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Americans are still reeling from last month's revelations that the NSA has been logging phone calls since the terrorist attacks of 11 September 2001. The Congressional Research Service, which advises the US legislature, says phone companies that surrendered call records may have acted illegally. However, the White House insists that the terrorist threat makes existing wire-tapping legislation out of date and is urging Congress not to investigate the NSA's action. Meanwhile, the NSA is pursuing its plans to tap the web, since phone logs have limited scope. They can only be used to build a very basic picture of someone's contact network, a process sometimes called "connecting the dots". Clusters of people in highly connected groups become apparent, as do people with few connections who appear to be the intermediaries between such groups. The idea is to see by how many links or "degrees" separate people from, say, a member of a blacklisted organisation.