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Government May Help Bells Defend Against Wiretap Suits

Carl Bialik from WSJ writes "As lawsuits mount against phone companies from plaintiffs who allege their call records were handed over to the National Security Agency illegally, the companies' defense may get help from the U.S. government, the Wall Street Journal reports. From the article: 'The plaintiffs, who accuse Bell phone companies of privacy violations and are seeking billions of dollars in damages, would need to delve into the depths of the NSA's surveillance program to make their cases. But the government considers such information top secret, and legal experts expect the Bush administration to assert the "state secrets" privilege in the 20 or more lawsuits filed by privacy advocates in recent weeks. If judges accept the claim, as has been the case in nearly every instance in which it has been asserted since the early 1950s, the suits will dissolve.'"

10 of 315 comments (clear)

  1. Proposed Strategy by eldavojohn · · Score: 4, Insightful

    The information itself may be classified but the fact of whether or not they collected it shouldn't be.

    Why don't they ask the director of the NSA, Michael V. Hayden, whether or not their information was collected? They don't need the classified records, just to have him swear under oath (after checking appropriate databases) whether or not AT&T gave it to the NSA.

    I would think a simple "yes" or "no" answer would be enough evidence and also keep the classified information concealed.

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    1. Re:Proposed Strategy by demachina · · Score: 4, Insightful

      I'm pretty sure he can plead the fifth. To get and keep his security clearance he can never divulge classified information. This program is no doubt still classified despite the fact that it was leaked. If he were to just confirm its existence he would be breaking the laws relating to his security clearance and subject to prosecution. You can't make people break the law, or incriminate themselves on the witness stand assuming the Bush administration hasn't unilaterally overturned this basic civil liberty yet. To get Hayden or anyone else in the NSA to testify about this program it would have to be declassified which ain't gonna happen.

      If there was enough information leaked already to clearly establish that the records were turned over illegally then they might still have a case, but the government probably will try to have all the leaked evidence thrown out and to prevent anyone in the phone companies, who might not have a clearance to worry about, from testifying on national security grounds.

      You would hope that if the law was broken, and it almost certainly was, that the phone companies and the government would be held to account. There is a communication act the explicitly forbids releasing your phone records without a court order.

      It is an unfortunate fact that laws are much more vigorously enforced against ordinary citizens than they are against people in power. When the DOJ brings a Federal case against a citizen their success rate is extremely high like 80%. When citizen's bring a case against the government their success rate is extremely low. Welcome to Fascism.

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  2. Bah! by Umbral+Blot · · Score: 4, Insightful

    This is so much bullshit. One of the principles of democracy is that the people get a say in how the government is run; preventing people from knowing what the government is up to, and preventing them from suing the government when it does something wtrong, goes against this principle. We aren't quite to the maching on congeress phase, but we are getting there fast.

    1. Re:Bah! by nuzak · · Score: 4, Insightful

      > We do (sort of) have a say. In November, you can vote out the incumbents. That's what I'll be doing.

      I'm sorry but that's not good enough. The rule of law is not something that should be lumped in with tax cuts and gay marriage and all the other happy fun wedge issues.

      We can start with trying to vote out the current elite. But we need laws that hold the government accountable, we need to impeach after the fact (strips 'em of pensions and the rights to hold any other office), and so on. We cannot allow tyranny to be the natural result of a term-limited official.

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  3. Nothing to hide by Toby+The+Economist · · Score: 4, Insightful

    Lovely comment in that recent /. article about that wiretapping equipment show -

    The State broadly speaking may argue if we have nothing to hide, then why do we object to being watched?

    If this is so, why does the State hide so much from *us*?

  4. Really now... by Anonymous Coward · · Score: 4, Insightful

    Does anyone realize that the State Secrets legal tactic has been used by the Bush administrations than ALL PREVIOUS PRESIDENTIAL ADMINISTRATIONS COMBINED?

    Ask yourself this:

    DO WE REALLY live in a time more dangerous than the Vietnam War?

    DO WE REALLY live in a time more subversive than the Free Speech Movement of the 60's?

    DO WE REALLY live in a time more frightening than the Cuban Missile Crisis?

    DO WE REALLY live in a time more threatening to our way of life than the 70's Oil Embargo?

    State Secrets was ONLY used in the past when classified data could be revealed in a case such that it would greatly hinder or be a serious detriment to National Security. Now I ask you this: What is that danger? Is it Osama Bin Laden? Is it a terrorist in the Middle East who hates us even more for a War that wasn't justified to begin with? Who is our enemy?! Damn, this is the most infuriating thing!

    WHY IS NO ONE IN THE MEDIA ASKING THESE QUESTIONS?

    1. Re:Really now... by 10100111001 · · Score: 5, Interesting

      WHY IS NO ONE IN THE MEDIA ASKING THESE QUESTIONS?

      No one in the mainstream media is asking these questions because if they did they would lose their jobs. More than 95% of all the media we see (radio, newspapers, tv & movies) comes from one of five media corporations. These corporations are interested in maintaining and gaining power. They do not want the general population to start asking these questions, so they rarely allow any dissenting viewpoints to enter the mainstream media.

      If you want to hear these and other questions being asked, you need to go to independent media sources.

  5. Re:Uncle Sam will get to collect all he wants. by plasmacutter · · Score: 4, Insightful

    I don't break any laws as I conduct my telephone conversations, nor do (I would speculate) 99.99% of Americans. But if we catch terrorists and avert attacks, what's the harm in the government monitoring these phone calls?....And folks, please spare me the privacy argument/nonsense... this statement is nothing more than a more sophisticated way of saying "if you've done nothing wrong you have nothing to fear", the last portion really disqualifies you from saying anymore on the subject. It reflects absolutely no respect for the constitutional protections for the people of this nation. Point1: there are many "unenforcible" and antiquated laws on the books which can be used against you if the dominant party doesnt like what you are doing or who you are associating with Point2: even if it is not used for legal abuse, it can be used for closed door blackmail/threats to keep the opposing political groups and corporations "in line" Point3: We have had technically feasible ways to invade people's privacy en wholesale since the late 40's but you didnt see it happen because when they try they face the public wrath Point4: according to that statement above, why are they trying to invoke state secrets to hide their obvious breach of the constitution on multiple amendments? hmmm?

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  6. Land of the free? by Cicero382 · · Score: 4, Insightful

    I don't mean to knock America, but really!

    I left the UK in 2001 (just before 9/11) to escape crippling taxes and what I saw as an increasingly oppressive government. I considered two possibilities; the USA and Italy. My wife persuaded (OK, ORDERED) me that Italy was the best bet. On the face of it, at the time, it was the lesser choice. But now...

    Forget the taxes, I'm still better off - I'd be even better off in the States, but it's the other thing that concerns me.

    Since I've been here I've watched (from a safe distance) a dramatic reduction of the rights someone living in a democracy should expect, both in the UK and the US. Why are you allowing it to happen?

    What *really* gets me is - why is it happening? I've asked this question on /. before. It's obviously nothing to do with terrorists and so forth.

    It's getting to the point where I'm seriously considering making a tin foil helmet.

    PS. Yes, I know similar laws are being considered here, but we have one major advantage. We just say "AAh, F*ck off!" (And that includes the police).

  7. Re:He Could Lie by Darby · · Score: 4, Informative

    This is my $0.02 about why I do not subscribe to the belief that Bush intentionally mislead Congress and the American public. If blame is to be placed on anyone for the war, it should be on the NSA, CIA and Executive/Congressional branches of the government for crippling our ability to gather reliable intelligence in the field.

    You make some very good, well presented points, but you left several major critical facts out of your analysis.

    We know for a fact that one of if not the most important goals of this administration since before they even got into office was starting a war with Iraq. We know for a fact that they knew the American people wouldn't go for it. We know for a fact that they knew that it would require a "Pearl Harbor" level event to convince the American people to back the invasion.
    We know for a fact that once said event happened that they immediately began agitating to attack Iraq even though there is no evidence of their involvement. We know for a fact that they intentionally misled people in an attempt to make them think Iraq was responsible for 9/11..

    If you are not aware of all of these facts, then feel free to read it in their own words.

    Add in the fact that the CIA specifically told them not to run with the known bad information that they had and they intentionally ignored it in order to make out Saddam to be a big threat and it's obvious that the situation is not even anywhere near as unclear as your argument would indicate.