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December 1, 2008 5:42 PM PST

EFF to court: Don't shield telecoms from illegal-spying suits

by Greg Sandoval
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The Electronic Frontier Foundation, an advocacy group for Internet users, is expected to argue in court on Tuesday that it's unconstitutional to prevent Americans from suing the telecom companies that allegedly helped the federal government unlawfully spy on them.

The FISA Amendments Act (FAA) gives telecommunications companies retroactive immunity for opening their networks to the National Security Agency. The telecoms can walk away from lawsuits as long as the government claims the request was "lawful" and authorized by the president. Before the law was passed, EFF had brought a lawsuit against AT&T that is before the 9th U.S. Circuit Court of Appeals in San Francisco.

"The flawed (statute) improperly attempts to take away Americans' claims arising out of the First and Fourth Amendments," EFF wrote on its Web site. "(The law) violates the federal government's separation of powers as established in the Constitution, and robs innocent telecom customers of their rights without due process of law."

Opponents have said that the law is an endorsement by both major political parties of illegal surveillance conducted by the Bush administration. Among the U.S. senators who supported the law was President-elect Barack Obama.

Under the law, no lawsuit may proceed against any "electronic communication service provider" if either one of two conditions is met. The first is that the company provided assistance "in connection with an intelligence activity" authorized by the president between September 11, 2001 and January 17, 2007, when the wiretap program was altered to include more judicial oversight.

The second condition involves a company that received a "written request" from the U.S. Justice Department saying the activity was lawful and authorized by the president.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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by Vurk December 1, 2008 6:42 PM PST
The courts are afraid. They will uphold Bush statute and precedent. And America will take one more step toward oblivion.

As one official said, "You're on you're own here. Defend your own freedoms."
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by plasticities December 1, 2008 8:02 PM PST
This will probably destroy any last trace of my faith in this country if this gets upheld and these companies get to just walk away unscathed.
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by Renegade Knight December 1, 2008 8:29 PM PST
Heck, why do government officials breaking laws and spying on citizens get to walk away unscathed. I'm thinking government employees should take the same oath as the military. To uphold the constitution.
by Lerianis December 1, 2008 11:05 PM PST
Uh, Renegade.... they already DO have to swear to uphold the Constitution of the United States, it's part of their jobs and is right in their job descriptions.
by aka_tripleB December 1, 2008 8:34 PM PST
I'm still all for charging Bush with treason for demanding this law be passed with rectroactive immunity. He, basically, admitted to illegally spying on U.S. citizens when he signed this bill.
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by Lerianis December 2, 2008 12:57 AM PST
Any law giving retroactive immunity is illegal. The only thing that they can do is modify the sentencing guidelines OR totally repeal the law, NOT retroactively give immunity to someone. The only people who can give immunity are...... the federal prosecutors, and then only with a judge's consent.
by mikel137 December 1, 2008 8:48 PM PST
Already MASSIVE DATABASES exist which are entirely reminiscent of the databases Germans prepared during the 1930's and early 1940's which were used to round up Jews.

Now, huge numbers of highly sophisticated prisons designed with advanced mathematical concepts such as MODULAR FORMS are obviously intended to be capable of containing intelligent prisoners.

Since around 1970 everyone IS persuaded to join one or more on-line groups which almost always require identification of their clients. The claims these groups will protect identities is specious; their
servers can be seized by repressive government action. By now everyone is inured to being over-identified.

Extravagant preparations such as these are designed for widely varying futures. They are designed to make the government essentially omnipotent no matter what happens. Sometimes bad things happen. In the last century, Germany began attempting global conquest.

One terrible scene is, the United States is led to bring an extremely common government into power, and gradually finds ways to classify the population for selective control, say of intellectuals as happened in Cambodia. After all, intellectuals are one of democratic society's main protections against "monarchy", whether totalitarian dictator, or royalist moderate. Fat chance.

No matter what we do, all those powerful repressive tools of political control and repression are there now waiting for use. Like all dangerous systems, errors are likely to be exceedingly costly.
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by William Crow December 2, 2008 6:18 AM PST
If someone were going to blow up my office I would wonder why the government wouldn't prevent it with the aid of telco eavesdropping capabilities. Just yesterday a news item mentioned the odds of a terrorist attack with the next 3-4 years.
Just as we have come to accept runaway crime in our neighborhoods, looking the other way as people die, will we learn to live with these terrorists crawling amongst us like rats invading our house? And come to accept it? And they know this is how we will react.

I say go after these people, find them and eliminate them. Push back.
by brokenlaw December 1, 2008 10:32 PM PST
Don't really see the problem, don't like where the USA is going or has been get involve, and get political power. Not your cup of tea, oh well, then don't get mad when stuff like this happens.

To much weakness from people toward Gov. lately, all the Muslim Fanatics will get us has so many people saying "its ok do what ever you want."

Write to your Representative, don't have time oh well again, you get what you don't fight for. I for one think that the problem is not enough good people in politics, kind of the same problem that we are having in the states with Creationism. Of course lately a lot of scientist and people have gotten involve. Same thing with stuff like this.
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by Lerianis December 1, 2008 11:07 PM PST
brokenlaw, it IS okay to do whatever you want, as long as (and this is the catch) you are not harming someone else physically or forcing someone else to do something that they do not want to do.

I do write to my Representatives and Senators...... however a lot of times they do not listen to me or the rest of America because we do not have a DIRECT democracy or an ability, like in Britain, to dissolve our government and call for a 'no-confidence' vote at any time.
by William Crow December 2, 2008 6:08 AM PST
The government strong arms the telephone companies to supply them with information then doesn't protect them from lawsuits?

I would want protection from lawsuits, too.
Reply to this comment
by tanis143 December 2, 2008 8:24 AM PST
Why are the telecom's being blamed? The government came up to them and said "We need access to your networks, please comply". What were they to do? Refuse? Yeah right.
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by nocatz December 2, 2008 9:33 AM PST
tanis143

I believe that QWEST said , 'NO'.

http://www.thankyouqwest.org/
by Vurk December 15, 2008 10:09 PM PST
As nocatz said, Qwest said no. Then their CEO was brought up on federal charges for insider trading.

After all, reluctant executives must be taught not to refuse a government "request". As the quotation goes, "to encourage the others."
(For those who dont know, if you "teach a lesson" to one person in a group, the others in that group will go along so as not to be "taught" the same lesson.)
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