The 404 Media Podcast The Lawyer Fighting Government Surveillance for 30 Years (With EFF's Cindy Cohn)
21 snips
Apr 6, 2026 
Cindy Cohn, longtime digital-rights lawyer and EFF executive director, recounts three landmark privacy fights. She explains choosing Bernstein, the AT&T/NSA revelations, and national security letter cases. Short, candid reflections cover legal strategy, coordinating with journalists, local fights against surveillance, and building the next generation of privacy defenders.
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Post 9/11 Made Privacy Battles More Incremental
- The post‑9/11 shift made courts, Congress, and judges more timid, turning clear legal fights into long chipping-away campaigns.
- Cindy contrasts Bernstein's clean win with later slow, incremental battles against national security powers.
EFF Wanted The Press To Publish The AT&T Story First
- EFF preferred journalists to publish NSA/AT&T materials first to reduce legal risk for the organization based on the Pentagon Papers precedent.
- Cindy recounts how classification rules and fear of prosecution made them anxious to avoid being the first public source.
First To File Secured The Right Judge For AT&T Case
- Being first to file let EFF control consolidation and steer the AT&T/NSA litigation to Judge Walker, who understood the issues.
- Cindy explains strategic value of leading the multi-district parade to pick a favorable judge.
