Re: Official Secret Lawlessness?

[Kevin Neely <ktneely () astroturfgarden com>]

On 01/26/2015 08:02 AM, Roland Dobbins wrote:
> On 23 Jan 2015, at 1:55, darkpassenger () unseen is wrote:
>
> > so now that the NSA's big cat is out of the basket is it possible for
> > a U.S firm to sue the govt ?
>
> <http://en.wikipedia.org/wiki/Sovereign_immunity#Federal_sovereign_immunity>

Additionally, one might think this gives rise to a DMCA claim by the
corporation against the government, however, /Blueport v. United States/
533 F.3d 1374 (2008) appears to have shut down that avenue pretty
thoroughly.  Other factual aspects of that case may provide some
guidance in this scenario, as well.

If this hard drive manufacturer is large enough, it is likely they have
some sort of Master Agreement with the US (or a branch thereof), which
may give rise to a claim under the Tucker Act, mentioned in the wiki
article.  However, the lawyer negotiators on the corp side would have
needed to include some pretty specific language as to waiver for this to
stick.

K


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