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February 13, 2008 1:31 PM PST

Republicans scuttle surveillance bill lacking telecom immunity

by Declan McCullagh
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Republicans in the U.S. House of Representatives have scuttled an attempt to grant a temporary extension to a controversial wiretap law--that did not include retroactive immunity for telecommunications companies.

By a 191-229 vote on Wednesday afternoon, the House failed to approve a bill to extend the Protect America Act for 21 days in its current form. The law--which Republicans say is necessary to allow interception of communications that transit the United States--is scheduled to expire on Saturday.

The vote, in which 34 Democrats joined the Republicans, comes hours after President Bush called for including retroactive immunity for any companies that may have violated federal privacy laws by opening their networks to the National Security Agency. Lawsuits against companies including AT&T are currently pending in federal court.

If the companies violated no laws, of course, they have nothing to worry about (even without retroactive immunity).

This leads to an unusual situation in which the House Democratic leadership, which has objected to retroactive immunity without learning more about what kinds of activities it would shield, has a few options:

1. Give Bush what he wants. This would mean admitting defeat and approving the immunity shield that the Senate already did on Tuesday.

2. Wait and try again. If the Republicans insist that this bill is necessary (which is hardly clear--we've survived for decades without it), the Democrats could hold another temporary renewal vote on Friday at 11 p.m. and dare the GOP to block this supposedly vital legislation a second time.

3. Let the Protect America Act expire. This is politically risky in an election year, of course, but the Bush administration's arguments for passing the law in the first place were based on partial, calculated leaks of secret court rulings. If the Republicans want the Protect America Act so badly, force them to negotiate on that separately from retroactive immunity--the issues really aren't linked.

And there are probably others that I haven't thought of.

It's a little unclear what's going to happen next; as I write this, the House has moved on to a not-exactly-controversial measure congratulating the New York Giants for winning the Super Bowl. We have a call into the House Majority Leader's office and will update you when we hear back.

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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Subject America
by Rick Mc Callister February 13, 2008 2:28 PM PST
Unless corporations have an incentive to do so, they will not act.
How many times do corporations beg incentives in the form of tax
rebates? Not giving them immunity is an incentive for them to obey
the law and not subject Americans to the consequences of their
possible mistakes, leaks, arbitrary abuse, etc. If the government
wants to check on terrorists, they can do it themselves through
constitutional safeguards. The only thing worse than government
snooping is corporate snooping.
Reply to this comment
The worst
by The_Decider February 13, 2008 3:21 PM PST
Is corporations snooping at the behest of an out of control wanna be dictator and then saying "I was only following orders".
Let's just shoot the messenger!
by Pete Bardo February 13, 2008 2:53 PM PST
This whole immunity thing really depends on what NSA told AT&T (and others) and what means of coercion was used to get the corporations to give up the data.

I wouldn't mind immunity for AT&T if we could prosecute the NSA people who requested/coerced the release of information. Somebody has to pay for infringing on my rights. How about the President who authorized this to start with? And I don't mean non-re-election!!
Reply to this comment
Rights Affended?
by georgiarat February 13, 2008 5:03 PM PST
Were your rights affended? Do you know the telco's and others
intercepted your phone calls? I doubt it. These measures were
put in at the time of 911 and the telco's should be given
immunity just as those who overreacted during WWII were given
immunity.

Let's move on with prudence and reaonableness and stop the
partisan rancor! Please!
View all 3 replies
$$$
by chris_d February 13, 2008 8:17 PM PST
That's the form of coercion that was used to get access to AT&T's
network and call records.
If the telcos didn't spy on American citizens without a warrant
by The_Decider February 13, 2008 3:20 PM PST
then there is no need for retroactive immunity,

This implies they did something wrong. After all, if there is no evidence of wrongdoing, the case would get tossed quickly.

We already know Bush is a traitor(an idiot and coward as well) and most of the Senate and House as well. This just cements it.
Reply to this comment
the democrat house will cave
by kgsbca February 13, 2008 3:34 PM PST
just like they have on every issue in the past year. They have no backbone. Their only guideline is "how will the republicans use our vote against us in the election".

The Republicans that push these "anti-terrorist" laws are just afraid of foreigners they don't understand. the Democrats who go along with them are just afraid of the Republicans.

America, the Fearful Nation.
Reply to this comment
backbone of a slug
by m.meister February 13, 2008 4:21 PM PST
totally agree -- the Dems have the backbone of a slug.

Why no one (the press) calls the President out on his latest scare
tactics. His comment: if you don't vote for this he can't be held
responsible for any attack on America -- are you serious?
Declan's other bit of solid reporting.
by oldmanangry February 13, 2008 3:52 PM PST
http://sethf.com/gore/
Reply to this comment
Party of Personal Responsibility?
by m.meister February 13, 2008 4:16 PM PST
Where is the party of personal responsibility? Seems the
Republicans have yet to take responsibility for anything they've
done.

And the corporations that have knowingly violated their
customers' privacy without a judge's order should be held
responsible. Otherwise, the next bill will be retroactive immunity
from toxic dumping, and who knows what else. Once you give
up on the rule of law, there is no end in sight.

I find it sadly ironic that the Republican party has helped to
create the largest and most intrusive government ever -- and
they are supposed to be the party of small government.
Reply to this comment
Lawyers = ambulance chasers!
by georgiarat February 13, 2008 5:10 PM PST
Look, the US legal system has become corrupt. The lawyers
control the legal system, most legislative members are lawyers,
most executive leadership are lawyers. Where are the ordinary
citizens in this equations. Lawyers should be banned from
being legislators and only advisors.

They are nothing but ambulance chasers seeking the next
lawsuit. That is what this whole thing is about. Sort of like hot
coffee, fat foods etc.

I cannot wait for this country to collapse under legal tyrrany! Ps
I will not be here.
Reply to this comment
What about your buddy addington?
by chris_d February 13, 2008 8:16 PM PST
He's the one that's crafted all the signing statements -- lawyer
mumbo-jumbo that says even though it's a law, it doesn't apply to
the decider.
What a Difference A Day Make
by bgkelley February 14, 2008 9:20 AM PST
Good piece Declan. It is interesting that the vote came the day after Rep. Wynn lost in the Maryland primary for straying too far from the base. Maybe the Dems have got the message to pay attention to the base.
Reply to this comment
GOP has bigger fish to fry - Steroids in baseball
by Arbalest05 February 14, 2008 9:26 AM PST
Many lawmakers (especially Republican lawmakers, but certainly not exclusively) have been bought and paid for by telcos. By the reaction of the corrupt politicians scrambling to protect the telcos, it's obvious that they believe that they have committed federal crimes.

The longer this administration has been in power, the more and more it resembles the East German government, before the wall fell.

By the way, Steroids in Baseball = tail wagging the dog...you've seen the movie, right?
Reply to this comment
No better time, no better opportunity than now.
by duggerdm February 14, 2008 9:30 AM PST
You couldn't ask for more clear cut evidence of the wholesale corruption of this administration - than this particular bill - and especially its supporters. You couldn't ask for a clearer trail for honest investigators (are there any left?) to follow than those who are actively supporting telco immunity - clearly to cover their own trails of involvement. Of course until you have an honest Attorney General and Justice Dept. - ones with a backbone - there won't be any investigations or convictions.

I suggest voters of both parties keep a list of all who support telco immunity (especially those 34 Democrats). We should also keep list of anyone else who has supported violations of the law - like Cheney/Libby who have actually been convicted (more evidence of corruption), most of the current administration, including military commanders like Petraeus who have aided and abetted Bush's pissing away of US military lives, military resources and his fleecing of the US treasury for his Iraq war.

Then with the list of elected telco immunity supporters - come every election take out your list and if these supporters of corruption are still around, help to vote them out. As for those who won't be up for election, this current President, his administration and associated profiteers - my own opinion is that if Bush and key administrators are not tried for treason after this term ends (should have been long before now), you will know that the US legal process, our sense of justice, our leaders courage and our leaders honesty are all completely compromised and effectively dead... and the American dream of a positive future is dead with them. This highest level of corruption and dishonesty is mutually exclusive with for what we claim this country has always stood and it needs to be dealt with effectively, not ignored.
Reply to this comment
No retroactive immunity!
by Dr_Zinj February 14, 2008 10:54 AM PST
If a telco divulged information to the NSA without a warrent prior to the Patriot Act debacle, they should be prosecuted.

Post-act, the telcos should have immunity while the intelligence services and their heads (including GW) should be waterboarded for civil rights violations of the Constitution.

Oh, wait, we can't use waterboarding because it's really torture, isn't it?
Reply to this comment
If the Democrats cave in...
by wtortorici February 14, 2008 10:59 PM PST
The Republicans will win and McCain will be president.

If there is a God, It must be punishing our country.
Reply to this comment
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