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Retroactive Immunity Proposed for Telcos Who Share Private Data

quanticle writes "The government has proposed giving retroactive immunity to telephone companies for giving personal data to the government, even if such requests are later found to be illegal."

16 of 149 comments (clear)

  1. I welcome by EEPROMS · · Score: 5, Insightful

    I too welcome our new United Soviet States of America fascist overlords

    1. Re:I welcome by dreamchaser · · Score: 5, Interesting

      In a Fascist system the State controls Corporations. Here it's the other way around most of the time. We have a Corporate Republic now, though the end result with regards to our civil liberties is the same.

  2. Retro-what? by Anonymous Coward · · Score: 4, Insightful
    Retroactive Immunity Proposed for Telcos Who Share Private Data


    So it's legal for companies to share my data, but not for me to share theirs?

  3. Bad idea by ari_j · · Score: 4, Interesting

    What the government should do instead is require itself to indemnify phone companies for any judgments entered against them as a result of complying with the government's illegal requests.

  4. Ah, no ... by the+bluebrain · · Score: 5, Insightful

    ... you see, this is impossible. Impossible, due to the separation of powers. It's obviously the executive branch of government that is requesting the data, and the legislative that would be able to grant immunity. And it anything goes wrong, the judicative can be called upon, by any involved party. Checks and balances, my friend, checks and balances.

    It's the magic of the system, as written down on a just piece of paper.

    --
    yes, we have no bananas
    1. Re:Ah, no ... by Zeinfeld · · Score: 4, Interesting
      ... you see, this is impossible. Impossible, due to the separation of powers. It's obviously the executive branch of government that is requesting the data, and the legislative that would be able to grant immunity.

      Quite, the story is incorrect. The Bush administration is making the proposal. Congress is not going to pass it. So the proposal means no more than a flame on Slashdot does, probably less.

      Bush could use his pardon power but that would mean admitting the original illegality and the right of Congress to control the actions of the President. Under the 'unitary executive' theory the administration has been pushing the President has permanent dictatorial powers and can break any law he chooses.

      Given that the Attorney General is facing impeachment for obstruction of justice, lying to Congress and facilitating the corruption of at least ten Republicans in Congress, it does not look very likely that Congress is going to give Bush additional powers at this time. More likely they add illegal wiretapping to the Gonzalez impeachment charges.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  5. Not surprising by vivaoporto · · Score: 4, Insightful

    With the election day coming, there is no doubt that a lot of retroactive immunities, pardons and whatnot will be signed just before Bush leaves. Were the Rep. sure that they would get the office again, they could do it furtively a la George Ford pardoning Nixon. But as the Dems, odds to win seems to be way higher, they must to act very fast and be sure to shred every piece of evidence. Just look at the whole house of cards falling, Gonzales, Wolfovitz, Rove, Libby, etc.

  6. Come to Canada by CriminalNerd · · Score: 4, Funny

    Come to Canada, where the government is too stupid to do anything.

  7. Pardon my French: Dear government, fuck off by pla · · Score: 4, Interesting

    The government has proposed giving retroactive immunity to telephone companies for giving personal data to the government

    Complete and utter BS, but not necessarily relevant - You can't measure the "damages" of phone companies "sharing" info in simple dollars. So, I have a question for the idiots supporting this: Can the government retroactively take away all the bad PR for the companies that sold us out?

    Simple example, I will not ever use Verizon again. Not for phone, not for DSL, not for (the much bigger reason they should care) the T1 at my place of employment. And, as a fairly respected geek among my family and peers, I strongly encourage those who ask my advice to do the same (to date, Verizon has lost at least eight (A)DSL customers, two T1s, and two SDSL loops for which I can personally take credit). Do I seriously think that hurt them enough to make a difference? Certainly not just my recommendations, but given enough people like me - Well, I note with some glee that Verizon has strangely decided to divest themselves of the Northeast...



    So, unless the government can also erase our memories, "immunity" won't save those businesses who chose to betray their customers. And corporate America damned well better start hearing that message if they want to stay in business.

  8. This isn't about the past...... by budword · · Score: 5, Insightful

    This is about being able to get that data in the future too. The government knows that if they want the telcos to just hand over your info in the future, they have to make sure the telcos past actions don't cost them in court. Unfortunately for the rest of us, the only way to be sure it doesn't happen again is to make sure it costs those bastards a boat load of cash, which no longer seems likely. Some "get pounded in the ass" prison time would help too, for the CEO types who had to sign off on this bullshit, but that is even less likely. The US doesn't have much in common with the Constitution anymore.

  9. I bet Nixon would feel really dumb now by Opportunist · · Score: 5, Informative

    All he had to do is making snooping legal if there's some way to mask it as the "fight against communism". And since those red bellied Dems are half way to communism anyway...

    Why does everyone seemingly accept any kind of illegal action as long as it can somehow be called the "fight against terror"? Why do people accept this kind of BS from the people who allegedly work FOR them?

    Politicians are our employees. We put them there. If they don't work as intended, fire them!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:I bet Nixon would feel really dumb now by Timesprout · · Score: 4, Interesting

      Why does everyone seemingly accept any kind of illegal action as long as it can somehow be called the "fight against terror"? Why do people accept this kind of BS from the people who allegedly work FOR them?
      Its because in the last century these tactics have been shown to be incredibly effective in achieving almost total control over the populace. Stalin and Hitler showed you could invent some fictious and terrible enemy to coerce the population into allowing you to create massive internal surveillance systems, gulags for dissenters, private armies out side the military, to suppress 'treasonous' dissent, to control the media, and by the time the duplicity was realised, they had so much power it was impossible to challenge them.

      The US has been at this for years albeit in a milder form than recent times. For example Mr Rumsfeld has been a leading fear mongering hysteric re the evil Soviets who were gagging to kill us all with their 'bomber gap' with which they planned to carpet bomb the US, then it was a 'missile gap' with which they planned to nuke the US into the stone, then multitudes of tanks that were going to steamroller through Europe etc. End result was the US had vastly more bombers and missiles than the Soviets, so there actually was a gap, just not the one you were led to believe.

      Mr Rumsfeld and his fellow hawks were clearly resourceful men because despite the evil terror of the Soviet Union rather inconveniently collapsing on them they quickly recovered the situstion with the vast global terror network that is Al Quaida. Unfortunately with the ascention of Al Quaida to public enemy no 1 there also seems to be a greater willingness to remove civil rights and liberties.
      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
  10. It's only fair and right! by erroneus · · Score: 4, Insightful

    A lesson for us all! When you help the Gestapo, the Gestapo will help you.

  11. Please don't... by msauve · · Score: 5, Insightful

    bring the United States of America into this.

    The US has a Constitution which says that "No Bill of Attainder or ex post facto Law shall be passed."

    This is about a corrupt administration which feels it is above the law.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  12. Everything I need to know I learned from Civ: CTP by FooAtWFU · · Score: 4, Interesting

    Have we got Mass Media? Check. Have we got the technology for GlobeNet?
    Sure! Let's check this out, I guess:

    "The Corporate Republic utilizes knowledge of the market place and economics
    to produce the greatest gold of any large empire. This government utilizes
    orbital communications to communicate its far-flung franchises."

    "Facism rules with cruelty and lies, turning patriots into monsters while
    building a war machine unmatched for any medium empire. Facism is the only
    government to allow the Facist unit."

    A comparison:
                           Facism     Corp. Republic
                  Growth:  Average        Good
              Production:  Good           Good
                 Science:  Average        Good
                    Gold:  Bad            Good
                Military:  Excellent      Average
               Pollution:  Average        Awful
    Max Science Spending:  70%            60%

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  13. Who added this clause? by MobyDisk · · Score: 4, Interesting

    ...from section 408 of the proposed bill, and it's buried beneath the innocuous headline "Liability Defense." How can a citizen find out who added this clause? As someone pointed out, it is unconstitutional. If a representative puts a blatently unconstitutional paragraph into a law, it should be grounds for immediate removal from office IMHO. (Nevermind the obvious ethical implications) Someone who does that is not qualified for their position, and is not upholding their duty in office. I can't make that happen, but I should at least know who it is, and make others aware.