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FISA Bill Vote Today, With Telco Immunity

Posted by kdawson on Fri Jun 20, 2008 12:25 PM
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."
[+] Senate Passes Telecom Immunity Bill 755 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)

    by Conspiracy_Of_Doves (236787) on Friday June 20, @12:27PM (#23874625)

    As far as I'm concerned, every single member of Congress who votes in favor of this bill is guilty of treason.

    • 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."

    • Re:Treason (Score:5, Insightful)

      by Anonymous Coward on Friday June 20, @12:37PM (#23874757)

      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.

      • Re:Treason (Score:5, Insightful)

        by Conspiracy_Of_Doves (236787) on Friday June 20, @12:49PM (#23874967)

        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.

      • Re:Treason (Score:5, Insightful)

        by Nursie (632944) on Friday June 20, @12:52PM (#23875023) Homepage

        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".

      • Re:Treason (Score:5, Insightful)

        by Gat0r30y (957941) on Friday June 20, @01:04PM (#23875207) Homepage Journal

        companies cannot trust the word from our government
        Um, companies shouldn't blindly obey any order from the government without running by legal.
        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)?

        Being that the cort took some time to determine that the governments actions were indeed illegal shows that it was in the gray area of right and wrong
        No, it was not a gray area - it was illegal, it was illegal when they did it, and it's still illegal. They knew it was illegal and they did it anyway - no legal dept. worth its salt could have possibly signed off on this sort of an action without knowing that it was never going to see the light of day. They were exposed from the inside - and they deserve to be punished for breaking the law, just because they are a corporation doesn't mean they get to skirt responsibility for their actions.
  • What right does the government have to say that an individual or company who violated your rights cannot be held accountable. Has the government gone so completely backwards that now they're endorsing rather than preventing rights violations?

    It's like a rapist asking God for forgiveness. Only the victim has the right to forgive.
  • by Anonymous Coward on Friday June 20, @12:31PM (#23874677)

    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.

  • by the_macman (874383) on Friday June 20, @12:32PM (#23874695)
    Done and done. The house just voted to pass the bill. Kiss telco prosecution goodbye, kiss accountability goodbye, kiss your civil liberties goodybye.

    I was watching it live on CSPAN, pretty disgusting. Just remember who voted for this when elections come up.
  • 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.

  • by Spacepup (695354) on Friday June 20, @12:35PM (#23874727) Homepage
    Since both presidential candidates are in congress, they way that they vote on this bill should be the tipping point for anyone on the fence between the two. Unless of course they both vote for this, then they should both be tarred and feathered.

    Heck, we should tar and feather them anyway...every presidential candidate should learn what it feels like before they reach that office.
  • by mbone (558574) on Friday June 20, @12:41PM (#23874831)

    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)

    by geggam (777689) on Friday June 20, @12:48PM (#23874949)
    You gave up your weapons to feel safe because you don't want the responsibility.
    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.
  • YEA 293
    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)

    by TheGratefulNet (143330) on Friday June 20, @12:53PM (#23875047)

    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'?

  • by crazytisay (1283264) on Friday June 20, @01:00PM (#23875163)
    This type of encroachment on civil liberties was commonplace during the Red Scare and through the Vietnam era. There was backlash, some high profile scandals, and we got the FISA. 9/11 was the impetus for changing the balance of power back to the state. Since the passage of the PATRIOT Act, the government has been steadily grabbing at more (unconstitutional) powers to surveille its citizens. Hopefully there will be public backlash, but the power structure of the country is quite a bit different from previous eras. I would argue the US is more corporatist than in any previous era, and now we're fighting on two fronts. Hence the telco immunity provisions. Corporations and the state are getting a bit too cozy for my taste, and capitalism be damned, I don't want to end up in a facsist state.
  • Upshot of immunity (Score:5, Interesting)

    by nuzak (959558) on Friday June 20, @01:03PM (#23875199) Journal

    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.

    • 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.

      • Section 802(a) provides:

        [A] civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be properly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that . . .

        (4) the assistance alleged to have been provided . . . was --


        • (A) in connection with intelligence activity involving communications that was
          • (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007 and
            (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

          • (i) authorized by the President; and
            (ii) determined to be lawful.
        The rest of this Orwellian missive is available as a PDF file. [house.gov]
      • "In the 1980s capitalism triumphed over communism. In the 1990s it triumphed over democracy."

        Corrupt government officials passing legislation favoring corrupt companies is the antithesis of capitalism.
      • by DaedalusHKX (660194) on Friday June 20, @12:42PM (#23874855) Journal

        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

        • by nuzak (959558) on Friday June 20, @12:56PM (#23875085) Journal

          "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.