Judge halts suits over NSA wiretapping

A federal judge in San Francisco has tossed out a slew of lawsuits filed against AT&T and other telecommunications companies alleged to have illegally opened their networks to the National Security Agency.

U.S. District Judge Vaughn Walker on Wednesday ruled that, thanks to a 2008 federal law retroactively immunizing those companies, approximately 46 lawsuits brought by civil liberties groups and class action lawyers will be dismissed.

Congress has created a "'focused immunity' for private entities who assisted the government with activities that allegedly violated plaintiffs' constitutional rights," Walker wrote in a 46-page opinion. That has not, he said, "affected plaintiffs' underlying constitutional rights."

Wednesday's ruling is a bitter defeat to groups including the Electronic Frontier Foundation and the American Civil Liberties Union, which are coordinating the lawsuits over warrantless wiretapping. They had hoped to convince the judge that the law improperly infringed upon the separation of powers described in the U.S. Constitution and handed too much power to the executive branch.

The 2008 law, called the Foreign Intelligence Surveillance Amendments Act, was approved by a Democratic-controlled Congress last summer. As a senator, President Obama voted for the measure even though he had previously pledged to oppose it.

It says that no "civil action" may take place in state or federal court "against any person for providing assistance to an element of the intelligence community"--and will be automatically dismissed as long as the attorney general claims the surveillance was authorized.

Former Attorney General Michael Mukasey sent the court a letter saying the surveillance was authorized, but without offering any further information. The Justice Department under President Obama has not changed its position.

EFF said it would appeal to the 9th Circuit Court of Appeals. "We're deeply disappointed in Judge Walker's ruling today," EFF Legal Director Cindy Cohn said in a statement. "The retroactive immunity law unconstitutionally takes away Americans' claims arising out of the First and Fourth Amendments, 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."

The ruling does not affect lawsuits that have been filed directly against the NSA or other government agencies, including the EFF's Jewel v. NSA case. (A congressional report accompanying the 2008 law explicitly says: "Nothing in this bill is intended to affect these suits against the government or individual government officials.")

Walker left one possible opening for EFF, ACLU, and their allies. Because the 2008 law exempts surveillance "authorized by the president" during the time from September 11, 2001 and January 17, 2007, telecom firms could be held liable if they surreptitiously cooperated with NSA or other agencies more recently.

He gave the plaintiffs 30 days to amend their complaint to focus on surveillance that took place after January 17, 2007, the date that President Bush decided to amend the program to include supervision by courts.

[Draq Wraith]

Hum lets see the feds didn't pay for the snoop equipment WE THE PEOPLE DID!
The feds did not bust one terrorist on the basis of phone data to date!
We the people are paying for this 'service' twice or more.
They want to snoop they can pay my bills!
D~W

[eBob1]

Sounds like "Change we can believe in", doesn't it? Although I didn't vote for Obama, I was at least hopeful that he would undo the damage that I felt Bush caused. It seems like he is taking the same approach, though.

[Belinus]

A politician is a politician is a politician. Joan Rivers had it right, choosing between a Republican or a Democrat is like having to choose your favorite Menendez Brother.

[monkeyfun14]

Uhm how do you sue a company when a government agency makes demands? I mean shouldn't they be going after NSA not the companies they used like pawns?

[unknown unknown]

Just because the government demands something does not mean it's legal. These are civil suits and secondary liability is well established. If you help someone violate another person's rights you can be held liable for it. Corporations are treated very much the same way an individual person is in many areas of law.

[sparrowhyperion]

They should NEVER let a politician hold public office; They LIE too much.......

[cahomsy]

"Land of the free", my butt! As long as this unfounded prying into our private lives continues unabated, and the courts which are supposed to uphold the law of this country not follow the uncaring gestapo like a bunch of sheep and continue to uphold these kinds of laws, there will be no more freedom in this country. When does it stop? What's next cameras and microphones in our homes, they already line the streets? The old adage, if you have nothing to hide then why does it bother you, is nothing more than an old fascist slogan to keep the populous in check. There was a time in this country when personal freedoms where in jeopardy by unnecessary executive laws, the supreme court threw them out. Now all they do is go along with them and are beginning to look like a bunch of scared little children who are sitting in a corner, spineless, with their thumbs up their butts.

[cahomsy]

"Land of the free", my butt! As long as this unfounded prying into our private lives continues unabated, and the courts which are supposed to uphold the law of this country not follow the uncaring gestapo like a bunch of sheep and continue to uphold these kinds of laws, there will be no more freedom in this country. When does it stop? What's next cameras and microphones in our homes, they already line the streets? The old adage, if you have nothing to hide then why does it bother you, is nothing more than an old fascist slogan to keep the populous in check. There was a time in this country when personal freedoms where in jeopardy by unnecessary executive laws, the supreme court threw them out. Now all they do is go along with them and are beginning to look like a bunch of scared little children who are sitting in a corner, spineless, with their thumbs up their butts.

[rocketjam--2008]

Despite Constitutional guarantees, the federal government continues to do as it pleases with impunity. We still only have as much freedom as they want us to have...and what we have is always subject to being stripped from us at any time.

[johnsbrn1]

The Foreign Intelligence Surveillance Amendments Act provides retroactive immunity, so the law itself is unconstitutional under Article 4 Section 9 of the United States Constitution. Bringing suits against the providers is the first step towards challenging that law.

[unknown unknown]

Article 4 only has 4 sections.
Section 1. Full faith and credit
Section 2 Privileges and immunities of citizens
Section 3 Addition of new states
Section 4 Guarantee of protection and a republican form of government to all states.

In fact Article 1 is the only one to exceed 4 sections.

I think you mean Article I, Section 9, prohibiting ex post facto laws. However, that doesn't pertain--an ex post facto law makes something illegal that was previously legal. It doesn't work the other way around, and it doesn't prohibit other types of retroactive laws--for example, when taxes were raised retroactively in the 1990's.

[johnsbrn1]

ex post facto means "after the fact", it does not matter whether they are making something legal or illegal and going that route is on the table for the EFF. Making something legal after the fact is just as dangerous as making something illegal after the fact.

[masonx]

First of all Congress does not have the authority to immunize any Constitutionally illegal activity. If logic prevails and the Bush administration is ever brought to justice - along with his Congressional enablers from both parties - this illegal wire tapping and it's corporate enablers will unravel as well. With any real justice traitors like Mukasey will go down with the Bushites. If the Obama administration fails to bring justice to the Bushites for the American people, we will be without credible leadership from either party and we will know that our entire political system is completely saturated with corruption - as it may have been for who knows how long. If Obama or his handlers are as smart as they appear to be they will recognize the historical impasse they are at and take the necessary action for justice to keep America whole and functional.

[AnonTip]

Somehow fitting that this came on the anniversary of Tiananmen Square.

So much for "change"

[Michichael]

So who else thinks there's going to be a revolution within the next 20 years or so?

/popcorn

[masonx]

Twenty years to a revolution? Sorry we can't wait that long if we are going to come out of any revolution having any resemblance to our original Constitutional goals and values. I'm hoping for a democracy, but where both voters and candidates have to demonstrate both credible training and management experience for eligibility and where we get the media monopolies out of our election processes.

[JayWes]

What happened to EX Post Facto? Congress cannot according to the constitution pass an Ex Post Facto law. Granting immunity for past deeds is as much an Ex Post Facto action as passing a law outlawing something in the past.

[inachu]

It is a sorry state of affairs when dealing with ANY govt agency.
I was in a chatroom dedicated to exposure of govt officials policing themselves is a major problem.

One man is currently being hounded by his ex girlfriend who is a police officer and she routinely comes on his property and drives on his lawn and chews up the grass and knocks over his mailbox.

A law should be passed to allow a regular citizen to not only halt this kind of destruction but be allowed to shoot repeat offenders no matter what job that offender holds and no matter if that offender is on or off the clock.

[Altotus]

You big bunch of silly jokers its too easy to replace the politicians just do it. WAAA WAAA WAAA I don't want to hear it time to pay for the betrayal of the American citizen time to become political! Tired of torture tired of lies tired of business as usual being shoved on this country?HA I don't think so. Bunch of slave controlled by media more like it. Your gonna get what you deserve if you cant delver what is really needed. So get it up no excuse. No need for revolution when you can evolve. Oh and another thing is everyone fooled by the shell game being played? Hmm Anyone?