New "JUSTICE" Act Could Roll Back Telecom Immunity 263
Asmodae writes to tell us about a bill proposed in Congress that could roll back telecom retroactive immunity along with adding other privacy safeguards. The "Judicious Use of Surveillance Tools in Counter-Terrorism Efforts" (JUSTICE) Act advocates the "least intrusive means" of information collection and imposes many limitations on the process. "One of the most significant aspects of the JUSTICE Act is that it will remove the retroactive immunity grants that were given to the telecom companies that participated in the NSA warrantless surveillance program. The companies that cooperated with the surveillance program likely violated several laws, including section 222 of the Communications Act, which prohibits disclosure of network customer information. The immunity grants have prevented the telecommunications companies that voluntarily participated in this program from being held accountable in court."
Re:Ex post facto (Score:4, Funny)
Good work guys, soon the Constitution will only be suitable as toilet paper (just like my 401k).
At least if it's in the bathroom, some congressmen might actually READ it.
Re:is it constitunitional? (Score:3, Funny)
Nothing will happen.
Under existing laws, if the government presented the telecoms with documentation claiming the government had authority to get the information, that documentation would be an affirmative defense against any criminal or civil action against the telecoms. This was in the title 3 provisions of the omnibus crime whatever act passed in 1968 and is still unchanged and in effect today.
The problem is that the documentation needed to prove the government claimed to have the authority is classified as national security secretes so giving it to the courts creates a criminal felony situation where the telecom's employees could be imprisoned for exercising a legal right of defense. Now the telecom immunity law was supposed to allow a court and the justice department to affirm whether or not documentation was presented sufficient enough to trip the affirmative defense provisions or not. Removing this would either require the telecoms to lose the civil lawsuit by default, in which an appeals court would likely over turn, or they will get immunity from prosecution and present the papers in court and national security information would be disclosed.
More then likely, the judge would review it in ex parte and dismiss the cases under the existing laws without disclosing the details at all. An appeals court already ruled government didn't have to allow this to happen which is why the immunity law was created in the first place.
Anyways, it would most likely present a situation where a case or two goes all the way to the supreme court before it gets ruled on the side of the telecoms once and for all. Half witted people are too eager to inject politics into this and let that over ride any sense of fairness. It's just wrong.
Re:Cue the flying monkey right in... (Score:3, Funny)
Yes. but at least the democrats use lube, kiss you on the cheek and give you a tissue to wipe away the tears afterwards.
Re:Oh, come on (Score:1, Funny)
The problem with voting for the lesser of two evils is that they still get more evil over time. Next time, vote for Cthulhu, the greater evil!
Re:Cue the flying monkey right in... (Score:3, Funny)
Only if you're poor. The republicans do the same if you're rich.