February 14, 2008 10:15 PM PST

House Democrats to Bush: No way on telecom immunity

by Declan McCullagh
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Rebuffing a series of incendiary statements from President Bush, House Democrats left town for a week without granting telecommunications firms immunity from violating federal privacy laws.

In a speech on Thursday, Bush accused Democrats of endangering "the lives of countless Americans" by not enacting the legislation he and fellow Republicans had proposed, which includes retroactive immunity for telecommunications companies that illegally opened their networks to the National Security Agency.

The White House subsequently circulated a statement saying: "This risks creating new intelligence gaps, which damages our national security and makes no sense if the first priority is making sure our citizens are safe."

There is a sharp political irony here. The irony is that nearly all House Democrats actually had voted a day earlier to extend the controversial wiretapping law for three weeks--but that bill didn't include telecom immunity.

That wasn't good enough for Republicans, who wanted both the extension and retroactive immunity. Bush even threatened a veto of a bill without retroactive immunity. Portions of the so-called Protect America Act are scheduled to expire on Saturday.

What makes this situation rather bizarre is that retroactive immunity (for alleged illegal activities by AT&T and other telecommunications companies years ago) is unrelated to extending the Protect America Act (which deals with future surveillance authorization). That makes this situation a little like Bush threatening to veto, say, a defense spending bill if it doesn't include authorization for an invasion of Iran.

For their part, Democrats are dismissing Bush's claims as unnecessary fear-mongering. House Majority Leader Steny Hoyer of Maryland said:

The president asserts that the expiration of the Protect America Act will pose a danger to our country. The former national security council advisor on terrorism says that's not true. Former assistant attorney general says that's not true. Numerous others, and the chairman, has asserted that's not true. Why is that not true? Because FISA will remain in effect. The authority given under the Protect America Act remains in effect. And if there are new targets, the FISA court has full authority to give every authority to the administration to act.

Hoyer is, of course, talking about the secret court created by the Foreign Intelligence Surveillance Act. That court has existed since 1978, and has the power to grant wiretapping orders upon request (remember that the Protect America Act has only been around since last August). FISA even permits the attorney general to conduct wiretaps without court approval in an "emergency situation."

Rep. John Conyers, the Democratic chairman of the House Judiciary Committee, added:

From what I have seen from the Justice Department documents so far, there is no need to provide amnesty to telecommunication companies who are protected under current law, as long as they and the government are acting accordingly. I have not seen anything that leads me to believe, as the president seems to believe, that providing amnesty to these companies is a more compelling public interest than our constitutionally-protected right to privacy. We must maintain our civil liberties and give the government the tools it needs to collect intelligence information, but I do not believe telecom amnesty is necessary in order to accomplish that goal.

So what happens next? Not much, until Congress gets back from its recess. Then we'll see if the president is willing to negotiate with House Democrats over the scope of federal wiretapping law and retroactive immunity--or whether he'll go back to violating McCullagh's First Law of Politics.

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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Add a Comment (Log in or register) (23 Comments)
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Delcan, please stop the Democratic/trial lawyer proselytizing...
by directorblue February 15, 2008 4:36 AM PST
As Ed Morrisey wrote months ago:

"The trial lawyers and the activists are licking their chops to press class-action lawsuits... It threatens to undermine Congressional will on national security, and worse yet, leaves us exposed to terrorist attacks through willful neglect of critical intel.

Congress has to act to immunize the telecoms. The lawsuits are nothing but an end run around the legalization that Congress itself passed. That decision didn't come from the telecoms and they should not pay the penalty for Congress' action. These companies have acted to help secure the nation in accordance with our intel communities, and their reward should not be bankruptcy. The American public should not have to pay higher telecom bills in order to provide trial lawyers with big paydays..."

http://www.captainsquartersblog.com/mt/archives/013442.php
Reply to this comment
Telco Spying Is Profit Motivated
by Mystigo February 15, 2008 5:33 AM PST
> These companies have acted to help secure the nation

BS. Total BS. They acted to make money. As soon as the FBI was late on the bill AT&T
and the others cut them off:

http://apnews.myway.com//article/20080110/D8U35C500.html

That's how much the Telcos care about our security.

They deserve what's coming and thank you, thank you, thank you congress for
showing some spine for once.
View reply
Wrong
by PzkwVIb February 15, 2008 5:56 AM PST
Complying with Government requests, when said action is illegal should be punished. It is not okay to break the law, if the Government asked you to. If, however, you maintain that they didn't break the law, then they do not require immunity.
BS... Everyone HAS TO FOLLOW THE LAW
by umbrae February 15, 2008 6:15 AM PST
Even the Government. If the Telcos were asked to do something against the law, then they should have refused. I have personally canceled all my services with these providers.

This is no different than a man in dark glasses and a suit going to your apartment manager and asking to get into your apartment. THEY CANNOT DO THAT WITHOUT A WARRANT. If they did so, you have a RIGHT to seek damages related to this breach of privacy. End of story.
View reply
You're right
by declan00 February 15, 2008 7:33 AM PST
I've seen the light. But why stop with immunity for telcos?

* New York city police officers who sodomized a Haitian immigrant Abner Louima with a toilet plunger, causing major internal damage and two months of hospitalization, have asked Congress for retroactive immunity from criminal and civil liability. An attorney for NYPD officer Justin Volpe argues that without retroactive immunity for his client, who is serving a 30-year prison sentence, criminals would be emboldened and police would live in fear of lawsuits.

* Lon Horiuchi, the FBI sniper who shot and killed unarmed Vicki Weaver when she was holding her 10-month hold daughter, has asked for retroactive immunity. So has the BATF, which paid $3.1 million to settle a civil suit. Both claim that immunity is necessary to protect the "Good Samaritans in law enforcement that are trying to help us" and will have a "chilling effect on law enforcement" if not granted.

And that's just the start...

(The above is satire, in case you didn't get it.)
View reply
There's a shoelace hanging....
by nuckelhedd February 19, 2008 9:09 AM PST
from your mouth. Kindly remove your foot from there and perhaps you can get on with life in the real world, I realise mummy can't always be there to keep you safe and tell you everything is ok, but for gods sake man you make no sense. Did you even bother to research the nonsense you so willfully parrot from Mr. Murdochs propaganda machine? I know, you must have a special fondness for the Hannity and Colmes mystery news hour. I used to like cartoons as well. Difference between you and I, I grew up.
Declan may have his faults( he knows I beat him up about it) but he is not guilty of what you are frothing on about. You sir are in error not Declan. This time.....
House 'growing a pair' ? - amazing
by menotbug February 15, 2008 7:21 AM PST
Here's the bottom line:
The only thing they want immunity for is breaking the law by
warrant-less-ly wiretapping innocent American citizens'
communications. We all know they did this and are still doing
it now. Somebody, at least, should be held accountable for this
breach of trust. If the telecoms had any integrity to begin with,
they would have told the NSA "do it yourself, I'm not going to
violate people's privacy for you." Does anyone really doubt that
the NSA or CIA has the ability to monitor anything on their
own? Come on, they have an almost infinite budget and the
most high-tech equipment known to man. They already have
spy satellites that can read the VIN number off the dash of your
car.
In today's government, one hand washes the other. Big
corporate money and secret gov't activity are inextricably
linked. I don't want the phone company to be the government.
Reply to this comment
Didn't a Telco stand up to the Feds?
by MATTAND February 15, 2008 7:52 AM PST
Correct me if I'm wrong, but didn't Qwest tell the feds to go pound
sand when asked for the warrants, whereas everyone else caved? If
I'm incorrect on this please let me know.
Reply to this comment
Qwest did
by doxytoo February 15, 2008 7:56 AM PST
Yes. Qwest didn't comply because they were informed by their legal counsel that the request wasn't legal without a warrant.
Didn't a Telco stand up to the Feds?
by Save_Me_from_my_Govt February 15, 2008 9:32 AM PST
Yes... Qwest told them that without warrants they would not cooperate. I sent a congratulatory thank-you note to them the next day after the story broke.
Birds of a feather...
by masonx February 15, 2008 8:42 AM PST
Bush did not get into the White House on any kind of personal leadership skills, clearly he got their because major financial/ power interests wanted to have a puppet in the White House. Bush has been gleefully and willingly used by profiteers like the telcos, Halliburton, News Corp., Blackwater, and others to seize the Executives Office's powers to use US resources for their own gain. To accomplish their goals they have had to violate the US constitution and have maintained their ability to do this through fear tactics using communications in general to maintain popular opinion. Now we can see that some media and telecommunications were in league with the Bush profiteers. Now that we see this - there is a mad scramble to cover up these companies' involvement and connections with the Bush administration at any cost. If manipulation of the news media were illegal - you would see the Republicans trying to get immunity for Rupert Murdoch and Fox News. Undoubtedly, this country will pay a lot of dollars to prosecute the Bush administration and its associated profiteers for the rape of the US public, it's military and its Treasury. However, the cost of not prosecuting Bush and his criminal enablers to the fullest letter of the law (for high treason), will be far costlier for the US and it's people when the next group of scam artist makes it into the White House. In fact, until both political parties can show they are no longer being puppets to private interests - their candidates should be scrutinized throughly before any are elected - especially those who have been in Washington for extended periods - as in guilt through association.
Reply to this comment
The US Constitution is NOT toilet paper
by appledogx--2008 February 15, 2008 9:28 AM PST
That is something Bush never understood and never will.
Democrats understanding is not much better. Frankly, is Ron Paul
the only person in the U.S. government that has a clue? I certainly
hope some in government are willing to defend the Constitution
before it becomes pure birdcage liner.
Reply to this comment
THANK YOU HOUSE!
by Dalkorian February 15, 2008 11:16 AM PST
Finally, someone stands up to fuhrer bushit! The magic of your lies
isn't working anymore, it'll soon be time to reap what you have
sown.

I can't wait until the treason trial begins ...
Reply to this comment
Surely you aren't that naive?
by masonx February 15, 2008 1:31 PM PST
The ability for the gov. to listen has always been and still is just as available. They have to follow the law to listen - the same laws that past our past presidents have managed to obey - or at least not abuse to the point of being caught so arrogantly flaunting the law. If Bush hadn't lied about who the gov. was listening to - much of this would have passed with little notice. Its the lies and deceit that have brought him down and under the legal systems scrutiny like the criminal that he has proven himself to be... again and again. Wake up.
Reply to this comment
Well, you did better Declan...
by nuckelhedd February 19, 2008 9:03 AM PST
However you fail to point out (as do all of you so-called "journalists") that retroactive anything is illegal according to the Constitution. " Congress shall pass no ex-post facto law" period. perhaps if you actually research something every now and then you might actually produce something that doesn't immediately smack of a re-written AP wire story. Lazy Lazy Lazy....
Reply to this comment
Capitalism means...
by Aelwrath April 6, 2008 8:44 AM PDT
... that protecting corporations is higher on the priority list than protecting citizen's rights.
Reply to this comment
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