Telecoms Facing $50 Billion Lawsuit for Wiretaps
hdtv writes "According to a MarketWatch article, BellSouth Corp and Verizon Telecommunications are facing lawsuits seeking billions of dollars in damages for the decision to turn over calling records to the government. The damages amount to $1,000 per person, whose records were turned over to Feds. According to the article, 'consumers could sue the phone service providers under communications privacy legislation that dates back to the 1930s. Relevant laws include the Communications Act, first passed in 1934, and a variety of provisions of the Electronic Communications and Privacy Act, including the Stored Communications Act, passed in 1986.'"
I expect the lawsuits to collapse, or at least gimp along on two broken legs at that point.
"National Security" has become the new "We Do This For Our Children".
*Stomps away in disgust*
Chas - The one, the only.
THANK GOD!!!
The unrest against the goverment's tyranny is reaching a critical point.
Expect another 'terrorist act' real soon to distract us from the issue of our eroding civil rights.
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~ |rip/\/\aster /\/\onkey
What we need is an itelligent judge that isn't afraid to intepret the law and who will stand up for the American citizens of this country. I don't deny that we're in a time where we need some kind of safety net, but we don't need to give our liberties. If this all keeps going on the way it has been, the terrorists the gov't is seeking so hard to stop will win by splitting America apart.
That which does not kill me only postpones the inevitable.
Or the Government that bullied them into handing over the information? Though I imagine the telecom companies are an easier target, so where the money is, so goes the lawyers.
Go ahead and call me unreliable; reliable is just a synonym for predictable.
Why should we have our privacy invaded if we aren't doing anything illegal/covert?
Backup not found: (A)bort (R)etry (P)anic
Why fret over privacy loss if you aren't doing anything illegal/covert?
Very well, let's see if you'll answer that. Presumably you're not doing anything illegal or covert?
Alright. Please post right here: Your real name, your age, your home address, your work or school address, your home phone number, your cell phone number, your work phone number, a description and the license plate numbers of any vehicles you own, and a link to a recent photo of yourself.
If you're not comfortable with that information being in the hands of strangers...then you're concerned about privacy.
To fight the war on terror, stop being afraid.
Because you can trust the government, but not the citizens.
Powered by caffeine and sugar; BSD
When do I get my check?
Be better in bed. Wikiafterdark!
The telecoms in question (Verizon, SBC/AT&T and BellSouth) handed records over whereas Qwest did not. Assuming there was bullying, it wasn't enough to convince Qwest's previous CEO in the past and current CEO. More likely the other three RBOCs handed over the records with no questions asked.
Name: Sheyenne York Age: 18 Home address: 46 Bradford Lane South China, ME 04358 School: Erskine Academy 309 Windsor Road, South China, ME 04358 (207) 445 - 2962 Vehicles: I do not currently own an automobile. Telephone: I use e-mail. My e-mail address is zweideutig@gmail.com
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First after a call to AT&T, where I had a nice 15 minute talk with the customer service representative (she was aware there was something going on and had some canned response for reporters, but didn't understand what the "big deal" (her words) was, until I explained it to her. By the end of the conversation, she agreed that this was pretty scary... or at least pretended to, but she sounded sincere.) who told me that only one other customer had called her to complain (about 2pm).
Second, I'm cancelling my phone service w/AT&T and I will let them know exactly why. I'm switching to an Internet phone. Now, I know that this may not be much safer, especially considering any call INTO a bad phone company would be logged and reported to the NSA. (This is why Qwest customers aren't safe if they call anyone who uses AT&T, for example)... but if enough people cancel in disgust, who knows, maybe they'll get the message.
Third, I'm donating to the EFF. They need our help more than ever. And vice-versa.
Fourth, I'm ready, willing, and able to join any class action lawsuits against these companies. Even if they get thrown out.
Fifth, not an email. Not a letter. But a phone call to my state Senators and Representative.
Also #1: Has anyone put together a unified wiki/forum trying to "reverse-engineer" the NSA's data mining program from published reports + what IT folks & mathematicians think is possible? I bet with enough collaboration and discussion, the net can figure out pretty close to what they're doing with this massive database/total information awareness program (sounds a bit like they're creating associations between clusters of people, much like Amazon does when they profile you to recommend new products... The more info they have, the more they can cross-reference, looking for patterns and comparing with patterns of known profiles (criminals, political enemies, etc.).. I'd be really interested in learning more about what people think this program is and how it might work, from a technological point of view.
Also #2: Merry Fitzmas
...tell me A) where and how to sign up, and B) honestly, and not as a partisan / America suxxx troll, what the chances are of the judge and juries voting with their inner moralities, and not being blinded by political "moralities" along the way?
Thanks in advance -
~Nugneant
You have a very active imagination there. Maybe they took a couple of whacks at your kids with a nightstick while they're at it? Afterall, that 6 year old looked like he was going for a gun. You know what would really happen? The guys would show up, interview you and maybe ask if you could help them catch the guy. Why would you want to protect a criminal anyway?
Because of the six degrees of seperation rule. Odds are someone you know is a communist. If you don't know anyone who is a communist odds are you know someone who knows someone who is a communist... etc etc etc. If you are unwilling to divulge the name of any communists, and since obviously by the rule of six degrees of seperation you at least know someone who knows someone who knows someone ect... who is a communist, you must be a communist. QED.
Just replace communist with terrorist and ask your self again why the right to privacy is important. Granted six degrees of seperation is just to illistrate a point, and it may be possible that there is somoene other there who doesn't know anyone who has ever commited a crime, disagreed with the current political climate, or commited a copyright violation. All of which including the sale of counterfeit t-shirts (oklahoma city bombing according to us customs was funded by the sale of counterfeit t-shirts) are signs of being a terrorist apparently.
There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
I was kinda stupid when I was 18 too.
This space available.
http://en.wikipedia.org/wiki/Operation_Northwoods
Or are facts and precedent too "paranoid" for you?
In a recent news article, the "Los Angeles Times" reports, " USA Today, which disclosed the program this week, reported that Qwest had refused to turn over its phone records because it believed it would be illegal. Qwest urged the NSA to get a court order, but the agency refused, the newspaper reported.
In a statement Friday, the attorney for former Qwest Chief Executive Joseph Nacchio said the government approached the company in the fall of 2001 seeking access to the phone records of Qwest customers, with neither a warrant nor approval from a special court established to handle surveillance matters.
'Mr. Nacchio concluded that these requests violated the privacy requirements of the Telecommunications Act,' attorney Herbert J. Stern said. "
I encourage everyone to support Qwest by making it their preferred telecommunications provider.
Interestingly, AT&T is one of the companies that eagerly gave the customers' telephone records to the government. AT&T is also affiliated with Yahoo DSL via AT&T's merger with Pacific Bell. No one should be surprised at the connection between AT&T and Yahoo. Yahoo is the company that assisted Beijing in arresting and imprisoning several reporters in China.
I encourage everyone to use Qwest as the preferred telecommunications provider and to use either MSN or Google as the preferred search engine. Use your economic might to defeat tyranny.
If the citizens choose the government, and you cannot trust the citizens, then you cannot trust the government.
Please, for the good of Humanity, vote Obama.
As much as it pains me to say this, I'd rather have Google store all my personal data than any Government have access to it; hypothetically assuming for a moment that the data could only be subpeoned via a "normal" warrant - like in the olden days before all these new Patriot Act type laws.
Now don't get me wrong, I've nothing against the authorities applying for a warrant to listen into my telephone calls/emails etc if they have reasonable suspicion that I am going to commit a crime, or that I have committed a crime. Blanket monitoring with no consideration of presumed innocence is most definitely a big no-no though.
Backup not found: (A)bort (R)etry (P)anic
Here in the UK, if calls are going to be monitored or recorded, companies must inform you *before* the call starts that it might happen. Even if that particular call isn't recorded, they still have to tell you that it might be.
Five years ago, I worked in the Civil Service and despite being a goverment department, we had to inform our callers that their calls might be recorded.
If I understand things correctly, we could've been sued, had we not had those warnings.
If the UK has rules and regulations about these things, I'm hardly surprised that the US has similar; so who is going to be the first to actually make a case of this?
I have to wonder if Bush can claim martial law like Lincoln did way back during the Civil War. If you remember, Lincoln essentially declared an end to free speech for a while and arrested anyone who was suspected of any sort of dissent. They were held without habeaus corpus. Certainly, Bush has and can claim that we are fighting a war on terrorism and that we need whatever information the NSA/CIA/FBI/DoD need to "protect" us. The US is becoming a really scary place to live in.
But if they were tapping your calls, they would know that you two only talked about how life changed, what you did, you got married, got a job, and whatever. They would already have the evidence that you weren't involved.
"For Great Justice."
Probably at least $10 or $20 million in "campaign contributions". Yeah, let us help you out with these phone records, gubmint. And be sure to remember us next time we need something nudge nudge wink wink say no more say no more.
They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
The erosion of civil liberty is a threat to national security.
Simple Machines in Higher Dimensions
If you did reply seriously, great. I now know that you are 22 years old, not 18.
A search with this info using Peoplefinders.com yields a YORK, SHEYENNE, 22 years of age, with a relative (possibly mother) named YORK, MICHELE, age 53. For only $9.95, anyone here can find out more information about this person or their relatives, including more past addresses (and more specific addresses to confirm the poster's information).
See how privacy works? Once a leak occurs, it quickly becomes a flood.
60 Minutes had a story about Amgen a few months ago. Amgen were carrying out tests for a treatment for a serious disease. They had to halt the tests when side effects starting showing up - drug companies can not afford to take risks these days once they suspect there are problems.
So the patients sued Amgen - for halting the trials! They said the treatments were working.
60 Minutes thought the story was about how greedy and uncaring drug companies are. I thought the real story was about how it's fast becoming impossible to do business in the United States, even with the best of intentions.
More monitoring than the NSA does is done by many entities in our everyday lives, like your ISP, your bank, your cell phone provider, etc. You give more personal data than this to rent a video or save $0.45 at Albertsons. The NSA can't legally (and no one is seriously alleging they have) done any more than see what phone NUMBER is calling what other phone NUMBER. Anything more intrusive requires a court order and the FBI's involvement. Since this has been going on since 2001 without apparant cataclysmic consequences to civil liberties (name me one innocent person who was harmed by this), and we have, by NSA's assertion, stopped multiple attacks by mining this data, I really fail to see the harm. Just another excuse to blame Bush for doing his job. Most of those complaining about it would complain that the government didn't do enough if we were attacked without doing this.
- Domestic spying is costly for telecoms
- Domestic spying could reveal trading secrets
- Domestic spying accelerates standard encryption
An other reason for hope is the existence of organizations like EFF or ACLU.Snooping and tapping activities at the boundary of legality have made me worried, but costly legal lawsuits could be a good medicine. Like chemotherapy against cancer. Better would be strict laws which prevent such abuse. Lets see how the law dragons fight the snooping hydra.
There is an other issue which could prevent that we slip into a totalitarian state: telephone calling records of industry decision makers are valuable information. The database can give hints about mergers, stock market developments (company X has suddenly a lot of phone-calls with company Y. Do they merge? Do they launch a new product, lets buy or sell stocks accordingly). In a government, for which business is so closely linked to politics, domestic spying could be seen a free ticket for obtaining insider information. That could become a problem, once it is realized that it exists.
A third remedy about the domestic spying issue could be technology: not only standard encryption of telephone calls, but also standard masquerading about who calls whom. Such technology will first be used by people who need protection, not criminals, but CEOs or engineers working on new technology, which the competition should not know about. Of course, the people who are the primary targets of those stupid spying activities have long gone to other communication channels.
"The Eye: that horrible growing sense of a hostile will that strove with great power to pierce all shadows of cloud, and earth, and flesh, and to see you: to pin you under its deadly gaze, naked, immovable."
LOR, Chapter 2, The Passage of the Marshes
I do not currently own an automobile.
Then you ARE a terrorist! Your not doing your part to support the war effort.
What?
go to http://www.gillespieresearch.com/cgi-bin/bgn/
Shadow Govt statistics
Liberty freedom are no1, not dicks in suits.
Aside from this, a court decision in 1979 about the fourth amendment has little to do with a lawsuit in 2006 about telecom companies breaking the Stored Communications Act, passed in 1986-- as the article discusses. Here. Look. I can cut and paste too.
It then sets out various exceptions, listing separate exceptions for "records" and "contents of communications". If the information is obtained accidentally, if people are in immediate danger of death or physical injury and this information is needed to prevent that, that's an excpetion. The National Center for Missing and Exploited Children gets an exception, as do persons investigating specific cases of telemarketing fraud. Other "governmental entities", this act outlines in several places, don't. None of the exceptions are protections here.
The section after this one concerns the circumstances under which providers are required to supply information to the government and thus freed from any charges that they shouldn't have supplied the information; and it begins:
and co
Irritable, left-wing and possibly humorous bumper stickers and t-shirts
After reading over my phone company's privacy policy, http://att.sbc.com/gen/privacy-policy?pid=2506#4 it seems that they have violated said policy. According to AT&T, "We must disclose information, when requested, to comply with court orders or subpoenas," but there clearly weren't any court orders involved with them turning the information over to the NSA, according to this article: http://www.chron.com/disp/story.mpl/ap/business/38 59829.html.
AT&T says that the data is "Customer Proprietary Network Information (CPNI), http://att.sbc.com/gen/privacy-policy?pid=2566, and that "Protecting the privacy of your service and usage records is your right and our duty under federal law," although "our local SBC telephone company may also be required to disclose CPNI for legal and regulatory reasons such as a court order," but again there was clearly no court orders involved according to the article about Qwest's refusal to cooperate.
If they didn't break any laws (which I doubt, but is a possibility) they certainly have broken their promise to their customers. That might be grounds for legal action, false advertising perhaps?
Call me a starry-eyed dreamer, but I love the American system. I love that there are laws, and that despite the fact that people try to circumvent them from time to time - even with the best of intentions, the law eventually catches up with them.
...?
The system is great because it lets citizens participate in the creation and modification of laws over time - so we have a hand in shaping the ever-evolving legal framework underpinning our democracy.
I'm not a legal expert, but even with my layman's understanding of the issue, it seems that some bounds have been exceeded and a correction is in order. I'm not crazy about excessive litigation, but if the executives at Verizon and the others illegally provided my phone records to the NSA out of some kind of misguided patriotism - then they are not only bad business leaders but bad citizens. They've let down their employees, their shareholders and their fellow citizens. They should be held accountable.
This isn't immediately about whether tracking citizens' communications is right or wrong. It's about breaking laws. If at some point in the future we want to grant the government the right to track our phone calls without court orders, or whatever, then we should amend the laws accordingly.
Anyway, I'm calling my rep & senator and voicing my opinion. I wonder what conclusions the NSA will make over phone data over the next while. Maybe that people don't like being monitored by government without permission
I'm afraid you're the one with the active imagination, and your head firmly in teh sand.
I'm guessing you have never heard what your government did to Maher Arar, a Canadian citizen born in Syria, a software developer who consulted with Mathworks, who was arrested, illegally detained and shipped off to Syria for torture at the behest of the American Government:
I know, I know... why bother to stand up for this guy? After all, he's a friend of a criminal, right? Except that he was an acquaintance, not a friend, and the other guy wasn't a criminal. But then, he's a foreigner, and you're not a foreigner, so you have nothing to worry about.
Just don't wonder why there is no one left to stand up when they finally come for you...
Blasphemy is a human right. Blasphemophobia kills.
Okay, let's start with the obvious...
First, we go to USPS and file a change of address form. We need to do this quickly and it probably should span the next three or four months. That should give us bank account information--bank statements and the like. We can then contact the bank and arrange a wire-transfer to a bank account in the Caymans. Hope you weren't saving money for college.
The incidents involved are not wiretaps. The demagogues always have their day, but at least on /. let's keep the facts straight.
Do you think that the fear we're living under now is anything compared to the fear of the founders as the much larger, better equipped and trained Royal armies attacked?
Yet they believed freedom was more important than life itself. That belief is the foundation of our way of life, and this foundation is under attack. Once we lose these freedoms, they will be almost impossible to recoup without force.
What unmitigated cowards are the people who are willing to cede freedoms to terrorism. And furthermore, there is no proof that ceding these freedoms enables us to better fight terror.
To the founding fathers, we would look like a bunch of cowards and ingrates. They would be horrified to see the legacy they struggled and died to create collapsing under the comparatively tame threat of terrorism.
(%i1) factor(777353);
(%o1) 777353
To catch terrorists this way. By now, everyone, including the terrorists, have figured out that the phone lines are insecure. Those who have something to hide are already using different forms of communication.
The only possible effective use of this system today is to stifle the political dissent of law abiding citizens.
It has never been about catching terrorists or protecting children. Yes, occasionally such eavesdropping has helped solve criminal cases; but the primary purpose has always been the suppression of political dissent.
The society for a thought-free internet welcomes you.
by an anonymous Vietnam Combat Veteran speaking out from overseas Why am I being spied upon and discriminated upon just because I live outside the United States? This by the very country that I fought in a war for and the country to I sacrificed twenty years of my life to. Recently a large controversy developed in which it came to light that the National Security Agency has been obtaining the calling records or American citizens throughout our country in the hope of identifying Terrorist communications methods and links. Now think about this, they state that they want to monitor all numbers without having listened to a call and that should help them. If they know who the bad guys and their phone numbers, get a warrant and listen and then act according the information gathered. Fishing, under the Constitution is not allowed! Their alleged defense is that they are doing so in protecting us from Terrorist, who recently seem to have become the cause for everything including spoiled milk and the avian flu. In an effort to stave off a mass denouncement of these actions by the public, President Bush, on 11 May 2006 took the unprecedented step, of making an immediate rebuttal statement on the situation through the means of a news conference. See the following Internet link for more on the story: (http://usatoday.com/news/washington/2006-05-10-ns a_x.htm?POE=click-refer) During this particular speech President Bush, as quoted by USA Today, insisted that the NSA was focused on international calls. "In other words," President Bush explained, "one end of the communication must be outside the United States." Last year President Bush publicly stated he had authorized the NSA to eavesdrop -- without warrants -- on international calls and international emails of people suspected of having links to terrorists when one party to the communication is in the USA, however, this did not come to my attention until this recent uproar and seems to be more prevalent than to only cover those of suspected links to terrorism. This is based from the most recent allegations and the past capabilities of places such as RAF Chicksands, in the United Kingdom and other vast data collection points, worldwide, which work very closely with the NSA. Now that brings me into the picture. I am a retired Vietnam Combat veteran, living in Asia. Am I exempt from the United States Constitution? It subsequent Laws passed by Congress and signed into law by the President of the United States? Am I a lesser citizen? I see this as a direct violation of my rights under the United States Constitution, Article IV, perpetrated by the NSA, but ultimately authorized through Executive Order from the President of the United States. Now I know that the President has the power of Executive Orders, but, after reading a lot of material, I found again and again that his Executive Orders could never violate my Rights under the Constitution. Or am I wrong? Further reading of the article from USA Today, indicates that the Telephone companies, sold the information to the NSA, as specifically prohibited by law. The law further states that such violations are punishable by fines $300,000 per violation. See excerpts of Section 222 of the Communications Act and amendments below in italics: (4) PROHIBITION OF SALE OF GENERAL OR DETAILED INFORMATION- Except for the purposes for which use, disclosure, or access is permitted under subsection (d), it shall be unlawful for any person to sell, rent, lease, or otherwise make available for remuneration or other consideration the customer proprietary network information (including the detailed customer telephone records) of any customer.'. Section 202(a)(1)(E) requires the prior express authorization from a customer before a telecommunications carrier may disclose or permit access to a wireless telephone number. This language is intended to limit the ability of carriers to create a telephone directory of wireless telephone numbers without obtaining the express consent of its customers. Section 203(i)(1) increases
Which war are you talking about? The one on false pretexts (WMD) to invade an oil rich country and topple a dictator we installed (Saddam) or the upcoming one against another oil rich country which hasnt done anything illegal (allowed nuclear fuel cycle acc to the NPT). :)
How about instead of waging illegal wars we cut the size of our military spending from about equal to the rest of the world put together to a tenth of that and use the money to repay our debt to china and research alternative fuel sources eliminating the need to invade countries on false pretexts
Btw watch The Power of Nightmares: The Rise of the Politics of Fear...very enlightening (by the BBC)
I'm quite sure that I'm paying more that $1000 in taxes quite regularly, although I would still pay $1000 more if I could buy my privacy.
You had a real, defined, in-the-open, enemy to fight, old man.
Talk about having it easy!
+++OK ATH
Funny. I don't feel left wing or hysterical. In fact I feel like I was just plain right to complain.
Anyway, giant communications companies have been in bed with the government since forever. During WWII, The postal system, Western Union, the various couriers and all the news outlets, (while they don't proudly say so loudly now), will all admit to having had government spooks directing their efforts, reading whatever they wanted and publishing whatever they felt would benefit the government.
So this current debacle is nothing new. And while it would be satisfying, I suspect that it doesn't matter whether the telcos are successfully sued or not. It's hard not to do as you are told by the Government when you are A) Profit-motivated, and B) Cowardly. --A secret service gun to the head is a great incentive to rat out on your fellow country-men, especially when you are probably built from shoddy moral materials to begin with.
-FL
If there's another "terrorist act", and the gubmit uses it to try for more inappropriate powers, shouldn't we view it instead that they're simply incompentent with their current powers?
You're assuming that the Congress will act rationally, instead of being drunk on the potent cocktail of fear and outrage that enabled Cheny to ram Patriot Act I and II through post 9/11.
Dubya & Company, however, have shown themselves to be masters of using terror and misguided patriotism to advance their agenda.
<GODWIN ALERT>
When Hitler wanted more power, but the rest of the government refused to acquiesce, he engineered the Reichstag Fire. After blaming the fire on the 'Communists', and trotting out Marinus van der Lubbe to substantiate the claim, the German Government was all too happy to activate the Enabling Act, giving Hitler the power to pass laws by mere decree.
Now make the following substitutions in the above text:
Hitler's estate ought to sue for plagarism.
____
~ |rip/\/\aster /\/\onkey