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Verizon Claims Free Speech Over NSA Wiretapping

Posted by Zonk on from the corporations-shold-have-the-right-to-have-babies dept.

xvx writes "Verizon is claiming that they have the right to hand over customer information to the US government under the First Amendment. 'Essentially, the argument is that turning over truthful information to the government is free speech, and the EFF and ACLU can't do anything about it. In fact, Verizon basically argues that the entire lawsuit is a giant SLAPP (Strategic Lawsuit Against Public Participation) suit, and that the case is an attempt to deter the company from exercising its First Amendment right to turn over customer calling information to government security services.'"

11 of 391 comments (clear)

  1. That's an interesting take on it. by wiredog · · Score: 5, Interesting

    Since Free Speech is enshrined directly in the Constitution while Privacy is not (it's an indirect right. See Roe Vs Wade for more info), they could have a good (legally, not morally) argument.

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    1. Re:That's an interesting take on it. by MobyDisk · · Score: 5, Insightful

      Nice try, but I don't think so. If this were the case, then copyright, medical privacy laws, laws protecting identity theft, etc. would all be unconstitutional. It just doesn't make sense. They are really grasping for straws.

    2. Re:That's an interesting take on it. by hey! · · Score: 5, Interesting

      It's also well established that commercial speech can be regulated more than individual speech. An in this case it is indeed by ECPA and other statutes limiting disclosure of information about private communications.

      Generally, any facts which come into your hands by legitimate means are yours to publish. The exceptions are when you have a special duty of privacy (e.g. attorneys and physicians), information that you are contractually obligated to keep private, or commercial information that is regulated.

      It's clear to me that Verizon doesn't have much chance with this line of argument, the new Supreme Court being something of a wild card. If they win, it will have an interesting side effect. All communications carried by Verizon could potentially be claimed by them as their property to dispose of as they wish. They could sell the content of your text messages or emails, or a list of who and by whom you are called.

      It's a pretty far out argument, but as I say they may find friends on the newly radicalized Supreme Court.

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  2. How Orwellian by mbone · · Score: 5, Insightful

    I think Orwell left out a slogan :

    War is Peace
    Freedom is Slavery
    Ignorance is Strength

    Spying is Free Speach

  3. Re:I dont have a clue? by WrongSizeGlass · · Score: 5, Insightful

    Can someone please explain to me why corporations have the same constitutional rights as citizens do? Because they contribute vast sums of money to politicians of both parties.
  4. Re:I wish there was a way by Anonymous Coward · · Score: 5, Insightful

    If I had a choice about phone companies they may be right. Since there is no viable competition to the RBOC in my area and they are government regulated their argument holds less weight. The fact of the matter is that there is a legal prohibition against the government obtaining this information without a warrant. This argues strongly for the expectation of privacy. So should the government be able to do an end run around a law by going to a company whose very life they control by asking them to "voluntarily" give them the information they (the gov't that is) are forbidden by law to get except with a warrant. Sounds like something from 1984 (the book) to me!

  5. Is This a Parody? by Quantam · · Score: 5, Insightful

    The first amendment was supposed to protect dissenters from government suppression. Since then it has come to be considered protection from almost anyone who the speaker is speaking against. To use the first amendment for the benefit of the government against the people seems like a parody.

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  6. Re:If it really is "protected free speech" ... by Short+Circuit · · Score: 5, Interesting

    You've just applied "If you want protection, you have something to be protected from" to corporations. That seems rather analogous to arguments made against personal privacy from government security.

    When did we come full circle?

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  7. Is it 1982? by SpacePunk · · Score: 5, Insightful

    You know it's coming folks. War is peace, freedom is slavery. More and more, companies and people are using phraseology, spurious logic, and blatant redefinition to justify doing evil things.

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  8. Common Misconception by TheWoozle · · Score: 5, Insightful

    Verizon's lawyers are simply perpetuating a common misunderstanding of the First Amendment. Yes, we are free to say what we please. No, we are not free from the consequences of what we say.

    In old example of yelling "FIRE!" in a crowded theater, the problem is not the speech itself, but the resulting stampede and probable damage to people and property.

    Slander is another example. You are free to stand up in public and say all sorts of nasty things about someone, but then they can sue you.

    If Verizon wants to claim First Amendment rights, fine. We'll just start a class-action lawsuit.

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  9. Re:I wish there was a way by tomhudson · · Score: 5, Interesting

    "However, if they did not wave those rights in the contracts with customers, then their argument seems sound to me."

    Companies aren't people, and as such do not have the same rights that people have. Verizon is grasping at straws to avoid having their ass handed to them in a class-action lawsuit.