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Republicans push for phone company immunity

Republican politicians in the U.S. House of Representatives failed last month to persuade Democratic leaders to back a spy law rewrite that would immunize telecommunications companies that cooperated with allegedly illegal government spying. Now they're trying to force the issue.

On Wednesday, a number of Republican leaders, including Lamar Smith (R-Texas), Peter Hoekstra (R-Mich.) and Peter King (R-N.Y.), began circulating what's known as a "discharge" petition, which they characterized as a "rare step." If they obtain 218 signatures from their colleagues, they say the Democratic leadership will be forced to schedule a … Read more

House votes 213-197 to reject retroactive telecom immunity

The U.S. House of Representatives on Friday narrowly approved an electronic surveillance expansion without immunization for any telecommunications companies that illegally opened their networks to intelligence agencies.

The 213-197 split, with most Democrats voting in favor of the bill (PDF) and most Republicans opposing it, hardly means that the political tussle over retroactive immunity is over. It now shifts to the Senate, where Majority Leader Harry Reid, a Democrat, said he was "encouraged" to see the House vote.

But the primary obstacle remains President Bush, who has threatened a veto. The White House circulated a statement after … Read more

House's surveillance vote moved to Friday

After convening its first "secret" session in 25 years, the U.S. House of Representatives is preparing anew to vote Friday on a contentious rewrite of electronic surveillance law.

Democratic leaders had originally thought they might get to a vote on the bill late Thursday, but a last-minute request from Republican leaders for a closed session of the House delayed those plans. Congress is scheduled to go into a two-week recess after its Friday vote.

In a closed session--only six of which have been held since 1825--only those politicians who swear to an oath of secrecy are allowed … Read more

Inspector general: FBI not embracing privacy safeguards

The FBI has wielded the Patriot Act's extraordinary surveillance powers to unlawfully collect information about American citizens and has resisted some efforts to impose additional privacy safeguards, according to the U.S. Department of Justice's inspector general.

Inspector General Glenn Fine, in a pair of reports released on Thursday reviewing the 2006 calendar year, acknowledged the FBI's top management has been receptive to the points he raised in his first report a year earlier. But he indicated that there was nevertheless resistance to increased oversight and better record-keeping, which would help to prevent further abuses.

The longer … Read more

Democrats plan last-minute FISA vote

Before Congress departs for its spring recess at week's end, the U.S. House of Representatives is trying to squeeze in a vote on what's shaping up as one of the most contentious bills this year.

That proposal, of course, is a Democratic bill that would make a number of changes to electronic surveillance law--but, much to the Bush administration's chagrin, would not grant retroactive immunity to telephone companies embroiled in some 40 lawsuits accusing them of unlawfully opening their networks to National Security Agency spies. In that regard, it's starkly different from the U.S. Senate version of the bill, … Read more

Democrats: Classified documents show telecoms don't deserve immunity

Classified documents and testimony about the National Security Agency's warrantless wiretapping program show that it's not necessary to grant retroactive immunity to telephone companies accused of unlawfully opening their networks to government spies, key congressional Democrats said on Wednesday.

In a five-page statement (PDF), U.S. House of Representatives Judiciary Committee Chairman John Conyers and 18 Democrats on that panel contended the Bush administration has "not established a valid and credible case justifying the extraordinary action of Congress enacting blanket retroactive immunity."

Skepticism about the Bush administration's once-secret eavesdropping program is nothing new for the … Read more

House Democrats refuse to delete pending spy lawsuits

Congressional Democrats on Tuesday dug in on their refusal to pass a revamped surveillance law that could wipe out some 40 lawsuits accusing telephone companies of illegal cooperation with government spies.

According to summary documents provided by U.S. House of Representatives Majority Leader Steny Hoyer's office, Democratic leaders are preparing to debate yet another new bill that would not offer so-called "retroactive immunity" to companies that allegedly opened up their networks to the National Security Agency without a court order. At least in theory, that means cases like the one the Electronic Frontier Foundation filed against AT&TRead more

Wiretapping focus shifts to e-mail communications

The FISA fight is all about the e-mails, according to public comments made on Tuesday by a Department of Justice official.

For months, the debate has centered around immunity for telecom companies including AT&T, Verizon, and Sprint. The primary focus has been on the warrantless wiretapping of the phone calls made by millions of Americans. In comments made at a public meeting on Tuesday, Assistant Attorney General for National Security Kenneth Wainstein made clear that the FISA fight is not about foreign-to-foreign calls, but actually about Internet data. The Washington Post reports:

At the breakfast yesterday, Wainstein highlighted … Read more

FBI chief: Lack of legal shield won't halt telecom spy partnerships

WASHINGTON--As Congress debates whether to wipe out lawsuits accusing telephone companies of allegedly illegal wiretaps, the Bush administration has argued such cooperation is key to keeping Americans safe from terrorists.

FBI Director Robert Mueller continued that push on Wednesday, but he wouldn't go so far as to say those "private partners" would stop installing requested wiretaps unless certain legal protection is granted.

To some extent, Mueller is stating the obvious: Federal law requires telephone and Internet companies to comply with lawful wiretap court orders or lawful certifications from the attorney general, with stiff penalties for noncompliance. But … Read more

Spy law battle may be settled this week

An ongoing political tussle over a controversial expansion of electronic surveillance law may be put to rest sometime this week.

Under pressure from the Bush administration, the U.S. House of Representatives may hold an up-or-down vote on whether to shield companies like AT&T and Verizon from lawsuits alleging illegal cooperation with government spy agencies.

The debate, of course, surrounds attempts to "modernize" the 1978 Foreign Intelligence Surveillance Act, or FISA, which requires a warrant when foreign intelligence is being collected and at least one end of the communications is located in the United States.

There'… Read more