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For the reasons set forth in an accompanying Memorandum Opinion, Plaintiffs’ Motion for Partial Summary Judgment [Doc #4] is GRANTED. Defendants’ Motion to Dismiss, or, in the Alternative, for Summary Judgment [Doc #34] is GRANTED in part and DENIED in part.

IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter "TSP") in any way, including, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act (hereinafter "FISA") and Title III;

IT IS FURTHER ORDERED AND DECLARED that the TSP violates the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III;

IT IS ALSO ORDERED that Defendants' Motion for Summary Judgment is GRANTED with respect to Plaintiffs' data-mining claim and is DENIED regarding Plaintiffs' remaining claims;

IT IS ALSO ORDERED that Plaintiffs' Motion for Partial Summary Judgment is GRANTED in its entirety.

IT IS SO ORDERED.

Date: August 17, 2006

(signed) Anna Diggs Taylor

ANNA DIGGS TAYLOR

UNITED STATES DISTRICT JUDGE

Detroit, Michigan