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Lawmakers Delay Telco Immunity Vote

eweekhickins writes "The US Senate Judiciary Committee delayed a scheduled vote on whether telecommunications carriers should be granted immunity for cooperating with the White House's domestic spying program of telephone wiretapping and e-mail surveillance. The panel hopes to vote on the provision as soon as next week. Senator Pat Leahy said that immunity would make it impossible for Americans to seek redress for 'illegal' violations of their privacy." The article points out the confused state of the immunity measure: the House is considering a version of FISA renewal that has no immunity; in the Senate, two committees are working on different versions, one with immunity, one without.

23 of 102 comments (clear)

  1. Other side by Anonymous Coward · · Score: 2, Interesting

    I would like to take side of telcoms. They worked with government agencies. Government agencies said "Help us spying or you will be against law". And now government says "You were helping us spying, you were against law". So is it fault of telcoms or government?

    1. Re:Other side by Anonymous Coward · · Score: 2, Insightful

      Yes its AT&T's fault just as much as the government's fault. AT&T has plenty of lawyers for these kinds of situations. One of the people involved could have gone to their legal department and found out if it was illegal to do this. The US Government can lock individuals away and silence them but its not quite as easy to silence one of the world's largest telecoms companies.

      It should have been obvious that a spying program on this scale wouldn't stay secret too long.

    2. Re:Other side by Dunbal · · Score: 5, Insightful

      People were hanged at Nuremburg despite saying "I was only following orders".

      There comes a time where you have to do what's RIGHT, even if you have to go to jail for it.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Other side by Jawnn · · Score: 5, Insightful

      Bullshit. The law is the law, and that law makes it pretty damn clear that spying on U.S. citizens, without first demonstrating to a judicial authority probable cause for the issue a warrant authorizing such spying, is wrong. Period. This being the case, a business, and/or those responsible for operating that business, is/are responsible for obeying this well-established law, REGARDLESS of who asked them to break it. Their answer SHOULD have been, "No warrant - no wiretap. Sorry."

    4. Re:Other side by rpillala · · Score: 2, Insightful

      The telecoms are in an awkward position (of their own making) for sure. The same people who said "help us or the terrorists win" aren't the ones who would see them prosecuted. The problem with your argument is that the government we have now is factionalized. While both factions operate under the same title of "US Government" they don't exercise their power in the same way. The executive branch seems to be taking the position of Nixon who famously said "If the President does it, it isn't illegal." They won't come out and say they're above the law, they'll change the law so that what they did can't be punished. If Congress weren't steadily selling out the people, the strategy wouldn't work. People complain about Dianne Feinstein and Charles Schumer, but really anyone from any party who supports this crap should be voted out. Republicans should be expected to do the right thing too.

      And I think the answer to your question is "both."

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  2. Judiciary Committees by Presto+Vivace · · Score: 4, Informative
  3. Mum?!? by iknownuttin · · Score: 4, Insightful
    FTFA: Democratic presidential candidates Barack Obama, Chris Dodd and Joe Biden all oppose granting immunity to the carriers.

    Good for them!

    Other Democratic candidates, including Hillary Clinton, have not stated a position on immunity for telecom carriers. Republican presidential hopefuls have also been mum on the issue.

    You chicken shit sons (and daughter) - of - bitches!

    --
    I prefer Flambe as apposed flamebait.
  4. Rule of Law. by headkase · · Score: 5, Insightful

    If the telecoms are granted immunity by the government then the USA will no longer be under the rule of law. If it comes to pass, some people or organizations will be above the law and in my opinion that is not what the US should be about. What's next Bush, dictator for life?!?

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    Shh.
    1. Re:Rule of Law. by Sique · · Score: 3, Insightful

      If it was legal, then we won't need a law to immunize the telcos against it, right? So what's the fuss about?

      --
      .sig: Sique *sigh*
  5. Re:Obvious reason by Anonymous Coward · · Score: 2, Informative
  6. Don't Get It by Wellington+Grey · · Score: 4, Insightful

    Why would anyone vote for immunity for the telcos when we don't even know what they did wrong? Who in their right mind would excuse someone without knowing the crime?

    -Grey

  7. No Suprise by Wellington+Grey · · Score: 3, Funny

    From the article: Democratic presidential candidates Barack Obama, Chris Dodd and Joe Biden all oppose granting immunity to the carriers. Other Democratic candidates, including Hillary Clinton, have not stated a position on immunity for telecom carriers.

    No surprise there, seeing as Clinton won't give us an opinion on anything

    -Grey

  8. Doesn't matter by foreverdisillusioned · · Score: 4, Insightful

    Even if they aren't granted immunity, I can guarantee you that no one is going to be arrested. No one in a corporation is ever arrested, no matter how many white collar crimes they commit, unless those crimes directly affect the pocketbook of other white collar citizens (e.g. Enron). I realized this the day it came to light that Sony was installing rootkits on people's machines without their permission, and yet no one was even talking about arrests... and yet, if a fourteen year old was installing rootkits on thousands or millions of machines without their owners' permission, he would be arrested in a heartbeat and we'd be subjected to a month of scary and retarded Dateline specials on those evil hackers.

    Similarly, if a fourteen year old phreaker records people's calls without their consent, he is arrested immediately. If a corporation does it, it at best merits a class-action lawsuit (which is the most we're going to see here... IF immunity isn't granted.) The fact that the corporations in this case were doing the bidding of the state certainly doesn't hurt them, but it's foolish to suppose to begin with that corporations are ever held to the same standard of justice as non-affiliated individuals.

    1. Re:Doesn't matter by Anonymous Coward · · Score: 2, Informative

      ...No one in a corporation is ever arrested... Give me a break! Corporate executives are arrested, tried, convicted and sent to prison are a regular basis. Its government officials who skate. The UN oil for food scam by itself raked in orders of magnitude more cash for high UN and government officials around the world than Enron, Worldcomm and Global Crossing combined. Of course the head of the DNC made himself rich via Global Crossing so I'm not sure how to count that one, but, in any event no body in government went to jail or was even reprimanded :)

    2. Re:Doesn't matter by foreverdisillusioned · · Score: 3, Insightful

      Corporate executives are arrested, tried, convicted and sent to prison are a regular basis.

      Yes. Because they commit crimes against other executives, or the government, or their shareholders. As long as they DON'T cost these people money, they can get away with pretty much any non-violent, non-obviously-fraudulent crime against the public at large. They're occasionally caught and sued, or caught and fined, but almost never actually imprisoned.

  9. Wrong by MillionthMonkey · · Score: 5, Informative

    Why do people fall for this garbage? If telecoms are granted carte blanche immunity now it prevents a more reasonable immunity deal later which would have a chance of exposing what appears to be significant wrongdoing on the part of the government. The motivation behind telecom immunity isn't really to let telecoms off the hook as much as it is to prevent stuff from coming out in court about what the government did. There are many things we'll never find out about if Dianne Feinstein helps usher this crap through. (I phoned her office at 202-224-3841 to complain. That's 202-224-3841. If enough Californians call 202-224-3841 maybe she'll change her mind since her constituents are overwhelmingly against this. But probably not- Feinstein is really horrible and is probably not running for reelection when her term expires years from now.)

    Telecoms don't go to prison like you or I would. At most they incur legal expenses- probably less than a day's operating expenses- it's the cost of doing business. And they could have easily told the government to screw themselves. They were cooperating with these patently illegal requests even before 9/11.

    Telecom immunity is obstruction of justice enshrined into law.

  10. Stupid by phalse+phace · · Score: 4, Informative
    So far, it seems like it's either give the telcos immunity or have taxpayers pay for any legal expenses or damages awarded against the telcos.

    Specter suggested granting "indemnification" to telephone companies who allegedly cooperated with the government's surveillance regimes in violation of federal privacy laws. That would mean lawsuits could go forward, but taxpayers would be responsible for covering any legal expenses or damage awards against the communications companies. Damages could run into the tens of billions of dollars if the suits are successful, according to Senate Intelligence committee estimates.
    1. Re:Stupid by Skreech · · Score: 3, Insightful

      On the other hand, the people are responsible by tolerating a government that does things like this.

  11. Doesn't really matter by H3lldr0p · · Score: 2, Informative

    what version is passed by the House or the Senate. It will come down to the conference committee which creates the final bill that is sent to the president to sign. Whatever those people want is what we will get. As the reference says this is an ad-hoc committee so there is no telling who will be seated for it.

  12. Lawmakers Delay Taco Immunity Vote by rbanzai · · Score: 3, Funny

    I swear that's what I saw when I first looked at the headline!

  13. Re:This is complete horseshit by AlamedaStone · · Score: 2, Interesting

    This is the new Limbaugh meme, right? Progressives are really the old school Commie sympathizers, who have weaseled their way into key government positions to undermine REAL Amurricuns? Is it Zionism, or Islamofascists? Or maybe the Mexicans... it's so hard to keep track of all the paranoid, xenophobic rhetoric!

    Want me to top off that kool-aid for you?

    --
    "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
  14. Court vs government by BlueParrot · · Score: 3, Interesting

    The government makes the laws, the police investigate/arrest people suspected of breaking it, and the courts decide if someone should be punished. So why the fuck is the government about to decide if the telcos should be punished or not? Even if they made a law to give them imunity, surely that should apply only to future wrongdoings... Retroactively changing the law is only acceptable under very exceptional circumstances. Of course, these days retroactively raising the income tax could probably be justified as "national security", so it is not as if it is surprising...

  15. Odd, isn't it ... ? by Infonaut · · Score: 3, Insightful

    ... that so many people need to be reminded of this:

    In fact, that's why we got rid of the King in the first place, and replaced him with a three part government, each of which can check the other.

    And odder still that so many people seem to crave a unitary executive, a king by another name. It seems too many Americans take their blessings for granted, and are willing to simply throw them away because it's too much effort to deal with the messiness of governing. Easier to have one guy in charge. That way the voter bears no responsibility, and everyone has a scapegoat when things go wrong. No need to look in the mirror. No need to read up on the issues, or send letters, or protest. Everyone can be smart and smug and self-righteous, while the unitary executive fucks us into the ground.

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