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FISA Bill Vote Today, With Telco Immunity
Posted by
kdawson
on Fri Jun 20, 2008 11:25 AM
from the freedom-on-the-march dept.
from the freedom-on-the-march dept.
Bimo_Dude writes "Today (June 20), Steny Hoyer is bringing to the House floor the latest FISA bill (PDF), which includes retroactive immunity for the telcos. The bill also is very weak on judicial review, allowing the telcos to use a letter from the president as a 'get out of liability free' card. Here are comments from the EFF. Glenn Greenwald, writing in Salon, describes the effect of the immunity clause this way: 'So all the Attorney General has to do is recite those magic words — the President requested this eavesdropping and did it in order to save us from the Terrorists — and the minute he utters those words, the courts are required to dismiss the lawsuits against the telecoms, no matter how illegal their behavior was.'"
Related Stories
[+]
House Votes For Telco Immunity; Obama Will Support? 436 comments
We discussed telecom immunity yesterday ahead of the House vote. It passed by 293 votes to 129. Only one Republican voted against the bill; Democrats were evenly split. It now goes to the Senate. Reader Verteiron points out that Glenn Greenwald has up a post titled "Statement of Barack Obama supporting Hoyer FISA bill." It says that Obama will try to get the immunity provision removed, but failing that will vote for the overhauled wiretapping bill anyway. I couldn't find this on Obama's official site. Anyone seen a position from the McCain camp?
[+]
Politics: Dodd, Feingold To Try and Filibuster Immunity Bill 368 comments
shma writes "This morning the senate has a scheduled cloture vote to cut off debate on the FISA bill which grants retroactive immunity to telecoms who engaged in warrantless wiretapping. Senators Russ Feingold and Christopher Dodd have pledged to try and filibuster the bill, but require the vote of 40 senators to keep the filibuster alive. The article states that a similar 'threatened filibuster failed in February, when the Senate passed a measure that granted amnesty and largely legalized the President's secret warrantless wiretapping programs.' Should they lose the cloture vote, the bill is all but assured of passing. A proposed amendment stripping the immunity provision from the bill is also expected to fail."
[+]
Senate Delays Telecom Immunity Vote Until After July Recess 148 comments
ivantheshifty writes with news of a delayed vote (failed filibuster attempt aside) on the updated FISA bill which has been discussed here recently, in particular because it would grant telecom companies immunity (under certain conditions) from suits for wiretapping conducted at government request. According to the Associated Press story carried by the Washington Post, "Sen. Russ Feingold, D-Wis., and more than a dozen other senators who oppose telecom immunity threw up procedural delays that threatened to force the Senate into a midnight or weekend session. The prospect of further delays was enough to cause Senate Majority Leader Harry Reid, D-Nev., to postpone the vote until after the weeklong July 4 vacation."
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Senate Passes Telecom Immunity Bill 1088 comments
zehnra writes "The U.S. Senate this afternoon passed the FISA Amendments Act, broadly expanding the president's warrantless surveillance authority and unconstitutionally granting retroactive immunity to telecommunications companies that participated in the president's illegal domestic wiretapping program. The House of Representatives passed the same bill last month, and President Bush is expected to sign the legislation into law shortly." The New York Times has a story, as does the Associated Press (carried here by Yahoo!). Reader Guppy points out the roll call for the vote.
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Treason (Score:5, Insightful)
As far as I'm concerned, every single member of Congress who votes in favor of this bill is guilty of treason.
Re:Treason (Score:5, Insightful)
Which is satisfactory evidence that you do not know the definition of the word in United States law. Start with the Constitution [archives.gov]--article III, section 3.
This is a monumentally stupid move, and (IMO, IANAL) illegal, but it is not "treason."
Parent
Re:Treason (Score:4, Informative)
What, you--a "technolibertarian," whatever that is--wants the government to do something for you? That's called hypocrisy where I come from, but maybe "technolibertarians" use language differently from normal people.
Treason is defined as it is in the Constitution precisely to prevent the "conviction by whim" that you seem to propose.
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Re:Treason (Score:5, Insightful)
That's fine, but are you going to do something about it or just bitch online? You yanks always make a big deal about your right to keep and bear arms. Well, that right isn't worth much if once in a while you don't start actually putting bullets through the brains of those treasonous authoritarian fucks.
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Re:Treason (Score:5, Insightful)
There's one small detail that you are overlooking.
Companies shouldn't be breaking the law just because the government tells them to!
And if they do, they SHOULD be punished! As should the people in the government that told them to break the law.
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Re:Treason (Score:5, Insightful)
I don't see a single mention of the rights of the citizens of the USA in there, just a lot of talk about business and government becoming best buddies and scratching each others' backs.
What happened to by the people, for the people?
These days it seems to be more "buy the people".
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Re:Treason (Score:5, Insightful)
If your a stock holder in one of these telecoms wouldn't you think they had some obligation to verify that what they were doing was indeed legal (it wasn't) and that they did not face exposure due to it (they should be exposed, and face serious consequences)?
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Re:Treason (Score:5, Insightful)
They took an oath to uphold the constitution of the U.S.A. This is a violation of that oath. I would call this treason, yes.
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Re:Treason (Score:4, Insightful)
I beg to differ. The president most assuredly is guilty of high crimes, and the Congressmen that pass a bill to grant immunity to the president for violating his oath of office have themselves violated the Constitution and therefore their oaths of office by way of primary action and complicity. They will have raised the president above the law, assumed themselves above the law by granting such, and by doing so will have betrayed the American government and the people from which it derives its powers. That, sir, is treason.
It took over 200 years, but the Tories may be about to finally win the war...
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What right do they have to grant immunity? (Score:5, Interesting)
It's like a rapist asking God for forgiveness. Only the victim has the right to forgive.
Re:What right do they have to grant immunity? (Score:4, Insightful)
You all talk here and you leave out streets and the congressmen.
I bet a month's salary (to be donated to ACLU) that the bill WILL pass.
Because none of you guys protested like your dads and moms did during Vietnam War.
Sitting on your collective asses will not achieve anything.
God save you guys from your president.
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Stunning ignorance from my Rep (Score:5, Interesting)
I've been writing and calling my Congressman, Elliot Engel, on this issue for months. Yesterday I received an email from his staff stating he was happy to tell me there was no telecom immunity as of the March FISA vote. Upset that this completely neglected to mention how he planned to vote on this bill today, I called his office. The staffer said she'd never heard of FISA or telecom immunity. I called a different office, and they said they didn't know where he stood on the issue but they'd be happy to call me back once he voted. Talk about a joke. This has really been eye-opening to me.
Game over man, game over! (Score:5, Informative)
I was watching it live on CSPAN, pretty disgusting. Just remember who voted for this when elections come up.
Re:Game over man, game over! (Score:4, Informative)
Don't forget that two of the members of the Senate are running for president this November. Maybe one of them will impress / surprise us. Let's watch.
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Re:Game over man, game over! (Score:4, Insightful)
"Maybe one of them will impress / surprise us. Let's watch."
Nah, they'll be too busy campaigning to show up to vote.
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Re:Game over man, game over! (Score:5, Informative)
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Re:Game over man, game over! (Score:5, Informative)
"Obama and McCain are members of the Senate, which voted on this issue months ago."
On a completely different bill, S. 2248, which passed the Senate but was defeated in the House. This is H.R. 6304, being hailed and endorsed by House and Senate leaders in both parties as a great compromise.
"For the short-memoried among us, Obama opposes telecom immunity, and McCain supports it."
If the House can change its mind so drastically in four months, why not these men?
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Lets fund some primary challengers (Score:5, Insightful)
On both sides of the isle. Both parties have lost their way and are now off in despotic cuckoo-land. Whatever we have become, if they have their way we will certainly be no Republic any longer. The only option is to boot every damn representative who votes for this bill regardless of party. They clearly do not represent a constitution of a nation ruled by laws and not men.
I say we start with Representatives Pelosi, Hoyer, and Bond.
tar and feather the sob's (Score:5, Insightful)
Heck, we should tar and feather them anyway...every presidential candidate should learn what it feels like before they reach that office.
Re:tar and feather the sob's (Score:4, Funny)
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Re:tar and feather the sob's (Score:5, Funny)
Sounds like anti-American terrorist talk to me, attempting to incite/support violence against a standing congressman.
Please come with us, we have a few questions for you.
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What will Obama do ? (Score:5, Insightful)
As the new de facto leader of the Democratic Party, and as a Senator, Barack Obama could stop this with a word. What will he say ? Will he stand up for liberty ? Or betray it before he even gets elected ?
You Deserve It (Score:5, Insightful)
You gave up your rights to feel safe because you don't want the responsibility.
You feel safe because you abdicated your responsibility to ensure the govt did not run over the people.
Look ! Its American Idol. You can quit reading now.
You are safe.
Final vote in the House (Score:5, Informative)
NAY 129
The full breakdown, showing which way each representative voted, will be available at Roll No. 437 [house.gov] in roughly an hour, when the Clerk of the House posts it.
nixon is not dead (Score:5, Insightful)
he's alive and well. in spirit, at least.
didn't FISA come from nixon era wiretapping?
so all the 'progress' we made since the nixon days has been overturned.
so, would that make bush the 'new nixon'?
Should we really expect any less?? (Score:5, Insightful)
Upshot of immunity (Score:5, Interesting)
Now they can be subpoenaed as a material witness against the Executive, and they'll enjoy far less protections against their having to produce evidence. No fifth amendment protections for one, since it couldn't incriminate them.
Not that this will actually happen, but it's a nice fantasy.
New laws (Score:5, Insightful)
I think we need a constitutional amendment. It should read:
"Any bill that comes before the Congress to be passed into law must be able to be summarized accurately and without loss of detail into 50 words or less. Once this is accomplished, the original multi-thousand page document shall be thrown out, and the 50-word summary presented for passage into law."
And perhaps another one:
"Anyone who attempts to add text to a bill that is completely at odds with or irrelevant to the bill's title shall be considered guilty of treason and put to death immediately in as brutal a way as possible."
Good. (Score:4, Insightful)
I'm glad to see this finally happen.
Blackwater (Score:5, Insightful)
Granted, so far it's "only" about illegal wiretaps against U.S. citizens. But essentially this says "If the PotUS says 'do task A for me', then the company that does task A cannot and will not be held liable, even if it breaks the law."
So far that task has been (and might still be) "spy on U.S. citizens"
What's to stop the next task from being "rough up U.S. citizens who mouth off against the government"? Or "kill U.S. citizens who are a pain in the ass"?
Sure, that's a big slippery slope, but then again, I'm sure if you went back to say ... September 2000 and asked people on the street, they'd probably say that the U.S. government would NEVER allow such a thing. Of course, they'd probably say the same thing about torture (or whatever phrase you'd like to use instead), suspension of habeas corpus and a lot of other things that have happend in less than a decade. Even "small" stuff like purposely revealing the name and occupation of an active CIA agent working abroad.
Official: Obama Supports This! (Score:5, Informative)
Obama Officially Supports This [talkingpointsmemo.com]
He seems to view giving retroactive immunity to corporations for horrendous violations of US law and the constitution as something "disagreeable but potentially acceptable".
I think i'm going to vote for Mccain. I'm left by canadian standards, but my position means jack if the candidate lies to you. Mccain is honest.
I know he doesn't give a flying crap about me and is in bed with corporations. I know what to expect from him.
Press the button labeled "Submit" (Score:5, Interesting)
My Quote Chain:
"Ah, this is obviously some strange use of the word "safe" that I wasn't previously aware of."
--Arthur Dent
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself."
--Thomas Paine
"In the 1980s capitalism triumphed over communism. In the 1990s it triumphed over democracy."
--David Korten
You feel a whole lot more like you do now than you did when you used to.
Parent
"Protection of Persons Assisiting the Government" (Score:5, Informative)
Section 802(a) provides:
(4) the assistance alleged to have been provided . . . was --
(A) in connection with intelligence activity involving communications that was
(ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States" and
(B) the subject of a written request or directive . . . indicating that the activity was
(ii) determined to be lawful.
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IT'S NOT ILLEGAL (Score:5, Informative)
"If the PRESIDENT does it!" [google.com]
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Re:IT'S NOT ILLEGAL (Score:5, Informative)
It was my hope that the article would be posted in time for people to contact their representatives, but also, the scumbags passed the bill [washingtonpost.com] at just about the same time that this article made the front page of /.. The roll call is not available on Thomas yet though.
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Re:IT'S NOT ILLEGAL (Score:5, Interesting)
WaPo is more Psyop garbage. Like reading PRAVDA in 1976.
How do you "compromise" to allow violations of 4th amendment protection?
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Re:IT'S NOT ILLEGAL (Score:5, Insightful)
That's what I've been trying to figure out. What the telcos were doing was illegal when they did it. Granting immunity, on the hopes that they'll know it's illegal and behave better next time is asinine.
They were well aware that they weren't being provided appropriate paperwork the last time otherwise, they'd be itching to have their day in court. Letting them off the hook for what was obviously illegal is hardly teaching them a lesson for the future.
Really, what ought to happen is the people at the top making the decision to comply with the illegal orders should go to prison.
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Re:IT'S NOT ILLEGAL (Score:5, Informative)
In the military, we are given a class during basic training on how to respond to superiors who give illegal orders.
Examples are given of what constitutes and illegal order, and what the proper phrasing of the response should be. Granted, you will probably end up at some kind of punitive action review, if not full court-martial for disobeying or refusing to obey a superior officer, yet, you have your out. However, if enough evidence or witnesses are available to show that the order that was given was in fact illegal, then the superior who gave said order is brought up on charges. At least that's the way it's supposed to work.
Now, if all the telcos that did this activity, were to show that they were authorized or requested by the president to do this illegal activity then wouldn't that potentially be fuel for the fire to have criminal charges brought against the President? ie - add to the charges of impeachment?
Regardless of his reasoning, committing an illegal act is still committing an illegal act, and 9/11 did not change the constitution.
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Re:IT'S NOT ILLEGAL (Score:5, Informative)
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Re:"Protection of Persons Assisiting the Governmen (Score:5, Insightful)
(ii) determined to be lawful.
a) the Legislative branch instructing the Judicial branch to obey the Executive branch
b) an Executive branch that essentially makes its own law on what's legal and not
c) creating government-sponsored thugs outside the law, free from the restrictions of the government
d) all of the above
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Re:"Protection of Persons Assisiting the Governmen (Score:5, Interesting)
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Re:Press the button labeled "Submit" (Score:5, Insightful)
Corrupt government officials passing legislation favoring corrupt companies is the antithesis of capitalism.
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Re:Press the button labeled "Submit" (Score:5, Insightful)
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Re:Press the button labeled "Submit" (Score:4, Informative)
-Benito Mussolini
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Re:Press the button labeled "Submit" (Score:5, Informative)
Mussolini never said nor wrote that, nor did Giovani Gentile, so I'm not sure where this quote comes from.
Likewise, in Italian Fascism, "corporation" means a vertical trade union, like a syndicate, and is akin to guild socialism. The people at the top of the corporation are the "masters" and the people at the bottom are the "apprentices" with varying levels of competancy in between.
Votes for the Chamber of Deputies are then done by occupation -- so the transportation syndicate is comprised of airline and rail workers, for instance. They then vote for members to represent them in the parliament.
Only people who are experts in their field craft laws and regulations, which are then given to approval. The "dictator" then has ultimate responsibility to carry it out.
Frankly, it sounds a hell of a lot better than our current popularity contest that leads to lawyers from dairy country trying to pass laws regarded IT policy, for instance.
Not that I'm a fascist, I just read everything about them I could get out of my university library 'cause i didn't have tv.
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Hmmm (Score:5, Interesting)
Well regulated markets work the best. Without regulation, you cannot assign cost to environmental damage, or prevent greed from wrecking society. Hierarchies will always get top heavy with power and corruption. If that hierarchy is in a corporation, there's nothing the public can do about it. If they are in a functioning democracy, at least the public can vote corruption out during the next election cycle.
So, a healthy but limited government keeping corporate power in check will yield many of the benefits of capitalism. I think in order to do this we need to introduce the separation of business and state.
Public officials should not be allowed to seek employment after their service with any firm that does business with the government. If you don't like it, don't run for office. You're running because you want to participate as a proud citizen of our democracy, not so you can enjoy power and kickbacks. Right?
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Re:Hmmm (Score:5, Informative)
That is not capitalism, but corporatism [wikipedia.org].
"Without regulation, you cannot assign cost to environmental damage or prevent greed from wrecking society."
What is this based on? Do you have any supporting evidence that "greed wrecks society", or should we just accept what you say?
"Hierarchies will always get top heavy with power and corruption."
Corruption only becomes a concern to the public when it is backed by force, something which only the government can apply.
"If they are in a functioning democracy, at least the public can vote corruption out during the next election cycle."
And that official will be replaced by another corrupt official. As long as the government is able to manipulate the economy, individuals and businesses will flock to them to get manipulation in their favor (otherwise they risk seeing unfavorable legislation forced against them).
"So, a healthy but limited government keeping corporate power in check will yield many of the benefits of capitalism."
The ends do not justify the means, ever. A few temporary positives are not worth giving up all your rights.
"I think in order to do this we need to introduce the separation of business and state."
I can agree with that, although you seem to think the fault lies with the businesses, whereas for me, because the state is the entity actually applying the force on the public, I see the state as to blame.
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Re:Hmmm (Score:5, Interesting)
Corruption only becomes a concern to the public when it is backed by force, something which only the government can apply.
[snip]
And that official will be replaced by another corrupt official. As long as the government is able to manipulate the economy, individuals and businesses will flock to them to get manipulation in their favor (otherwise they risk seeing unfavorable legislation forced against them).
The problem is that even if the state cannot manipulate the market, there will still be business interests attempting to manipulate the government to effectively enforce said business's
monopoly. You do correctly identify the end problem though being the state. The state must not be corruptible, or corporations will work tirelessly to corrupt it. It is as simple as that.
And please do note that the state does not have a monopoly on force. Physical force, sure, but sufficiently large corporations have a surprising amount of market force, which can sometimes be just as effective as physical force.
(Consider a cabal of the worlds largest 30 or so corporations, and how they would be able to manipulate completely unregulated markets if no general regulation (such as anti-trust laws) were also present.).
Properly working regulation may keep corporations in check, but it still requires a state that the businesses really cannot corrupt. So the state is to blame for being corruptible, but the corporations are to blame for exploiting that fact. End result though is that the state needs to change.
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Re:Press the button labeled "Submit" (Score:5, Insightful)
You forgot the most important quote that should be on your chain:
"Any government big enough to give you everything you want, is big enough to take everything you've got." - attributed to Thomas Jefferson
To translate for those hard of reason: "Any government big enough to redistribute the fruits of other people's labor to YOU by force, is big enough to take everything it wants from you, also by force. It is also big enough to run your life, and kill you or enslave you on a whim or a trumped up charge. It can also watch you and make a panopticon of your daily life. And you will like it, and clamor for it to change only enough that you won't notice the ubiquity of the abuses. Yes indeed, you will... like it." - Me
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Re:Press the button labeled "Submit" (Score:5, Insightful)
"Any government big enough to give you everything you want, is big enough to take everything you've got." - attributed to Thomas Jefferson
Doesn't sound anything like him. Mark Twain perhaps.
Thing is, most of the "smaller government" people want government out of the places they want their private craven, corrupt, superstituous, hateful ideologies to rule instead. They consider it "judicial activism" when the courts say that government should stay out of proscriptive definitions of marriage, for example.
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