Lawfulness of U.S. Surveillance of China Telecom Now Moot, DC Circuit Says

The question of whether the U.S. government legally electronically surveilled China Telecom is moot since the FCC revoked the company's domestic and international authorizations without using the classified fruits of that surveillance, the U.S. Court of Appeals for the D.C. Circuit ruled Tuesday (docket 21-5215). The appellate court said its denial of China Telecom's petition seeking review of the FCC order also shows the government petition -- which sought a ruling that the surveillance was lawful and that its findings were admissible in the FCC proceeding -- "no longer presents a live controversy." The D.C. Circuit vacated the order granting the government petition and remanded it back to the U.S. District Court with instructions to dismiss. Deciding for the D.C. Circuit were Judges Karen Henderson, Greg Katsas and Harry Edwards, with Henderson writing the decision. A China Telecom outside counsel didn't immediately comment.