The Electronic Frontier Foundation (EFF) has challenged the constitutionality of the Foreign Intelligence Surveillance Act Amendments of 2008, which grants telecommunication companies retroactive immunity for helping with the government's warrantless surveillance program. EFF argues that the FISA Amendments Act violates the federal government's separation of powers as established in the Constitution. The challenge also says the law deprives telecom customers of their rights without due process of law. BNA Money and Politics ($$) reports; "Pending before the court are consolidated lawsuits against leading phone carriers accused of facilitating illegal surveillance activities in the wake of the Sept. 11, 2001, terrorist attacks. The Justice Department is seeking to have the cases dismissed under the Foreign Intelligence Surveillance Act Amendments of 2008, which allows carriers to receive retroactive immunity for any aid they provided to the government."