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Wiretap Ruling Threatens Telecoms

ches_grin writes "Yesterday's ruling on the NSA warrantless wiretapping program could mean that businesses that assisted in the program are in for some serious legal problems. The judge's decision clearly dismissed out of hand the arguments of the telecoms, saying that the protections due journalists and lawyers was a clear matter of the public's best interests." From the article: "Businesses accused of aiding the Bush administration in wiretapping could also be in for a legal bruising, say civil liberties groups that have sued telecom providers AT&T, Verizon, and BellSouth for allegedly helping the NSA. The ruling could set a precedent other courts can't ignore. 'Every phone company that is assisting the government in its illegal surveillance would want to think long and hard before it continues that agreement,' says Ann Beeson, the ACLU's lead attorney in the case. 'There are already lawsuits claiming that their cooperation for the past several years is illegal and now that the judge has declared it is illegal, their liability increases. The risk is much greater from a business perspective.'"

6 of 501 comments (clear)

  1. Uh, no. Nixon's administration did more than that by postbigbang · · Score: 5, Informative

    There was burglary, theft, and perjury, not to mention numerous other items uncovered by Archibald Cox (and of course, others).

    Oh yeah, and there were about 28,000 GIs killed in Viet Nam, not to mention about a quarter of a million Vietnamese.

    I suppose those dead people didn't count in the indictments... nor the resignation of Spiro Agnew for tax fraud-- his vice president.

    Now, between Bush Jr and Sr, we have about 600,000 Iraqis dead, 3,500+ of our troops.

    So there's wiretapping incideous habeas corpus violations, and heavens knows what else in the Bush administration.

    --
    ---- Teach Peace. It's Cheaper Than War.
  2. Public's best interests being the operative words by Jesrad · · Score: 4, Informative

    the protections due [citizens] was a clear matter of the public's best interests.

    Here you have it: freedom > security.

    --
    Maybe we deserve this world ?
  3. Re:Extortion? by nanojath · · Score: 5, Informative

    No corporation can resist governmental pressure.

    It has been widely reported that Qwest refused to comply with these requests on concern of their legality. And the administration did nothing about it because there was nothing for them to do. "Hey, give us a direct connection to your customers' personal data." "Sure thing, where's your subpeona?" "Oh, we're not doing that, we have the authority to ask for this data without any judicial oversight." "Oh wow, who gave you that authority?" "We did." What are they going to do if you say no, ask a judge to make you comply? Oh my, irony! Not only did they do nothing to Qwest, they said nothing about it because they have been applying every possible delaying tactic, including imposing as much secrecy as possible, to put off this day of reckoning. Not only is "because some bureaucrat told me to" not a good excuse for breaking the law, it is the worst excuse, exactly the kind of cowardly capitulation that leads to the worst sort of government corruption. Nobody deserves a free pass on this craven, cynical assault on the principles of freedom.

    (on preview, the captcha for my sign-in was "conspire." Damn, they're on to me).

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  4. Nixon = Bush by shaneh0 · · Score: 5, Informative

    Yes, Nixon did some very dirty things, like trying to steal democracy from the American people. But his administration did more good for the country then GWB has. Just a few of Nixons lasting accomplishments:

    - Creation of the E.P.A.
    - Ending engagement in Vietnam
    - Opening China to diplomatic relations, including their induction as a UN member state
    - Singning of the SALT treaty and the ABM treaty with the soviets
    - Embracing and signing-off on the NASA STS program
    - Elimination of the "Gold Standard" of US Currency allowing more natural currency flux

    No matter what, you can't seperate Nixon from Watergate. But he isn't anywhere near the worst president we've had. And in a way, watergate helped America. A healthy distrust for government is a good thing.

    This world would've been a much better place today had RFK not been shot. He would've ate Nixons lunch in a general election and the course of history would've been changed. I'm a big blue-stater but I believe in giving credit where credit is due.

  5. Re:What a Novel Concept! by Recovering+Hater · · Score: 5, Informative
    "Those who would trade essential liberty for security deserve neither." - Benjamin Franklin

    Maybe you should blame the founding fathers and the framers of the constitution for my attitude. By the way - I served my county in the Marines for 4 years. What have you ever given back? I don't even know why I am bothering to respond to you anyway. Troll.

    --
    My humor is probably your flamebait
  6. Why the Bush administration is in a mess here by Animats · · Score: 4, Informative

    The Bush administration is in a mess here. Their real problem is that if they'd asked the FISA court for the authority to do what they're doing, they'd have been turned down. If they'd asked Congress for it, some tough questions would have been asked by members of Congress in a position to demand answers. Remember, the conservative right, "Bush's Base", isn't comfortable with wiretapping. Bush can go to Congress for more wiretapping authority, but right now, he probably wouldn't get it. Hence the desperate legal moves.

    And they are desperate. Notice what happened here. The Administration tried to use a secrecy order to prevent this issue from going to trial. That's because they can't win on the merits. But since the Administration had already admitted enough in public to establish that such wiretapping was going on, that didn't prevent the court from addressing the issue.

    At the appeals level, the facts of the case aren't reviewed, just the law. Because, as the district judge pointed out, it is not controverted that such wiretapping occured, that's not a issue. So the secrecy issue isn't really an issue on appeal. This leaves the Administration with only its weak arguments.

    Incidentally, this is a criminal statute. See 50 USC 1811. If you work for NSA, or a telephone company and are involved in illegal wiretapping, you could go to jail for five years. That could happen years in the future, under a future administration.