Slashdot Mirror


US House Rejects Telecom Amnesty

The US House has just approved a new bill that rejects the retroactive immunity to telecommunication businesses and denies most of the new powers for the US President to spy on citizens without a warrant. "As impressive as the House vote itself was, more impressive still was the floor debate which preceded it. I can't recall ever watching a debate on the floor of either House of Congress that I found even remotely impressive -- until today. One Democrat after the next -- of all stripes -- delivered impassioned, defiant speeches in defense of the rule of law, oversight on presidential eavesdropping, and safeguards on government spying. They swatted away the GOP's fear-mongering claims with the dismissive contempt such tactics deserve, rejecting the principle that has predominated political debate in this country since 9/11: that the threat of the Terrorists means we must live under the rule of an omnipotent President and a dismantled constitutional framework."

32 of 614 comments (clear)

  1. Its about damned time... by damn_registrars · · Score: 5, Insightful

    That someone with a D after their name grows a package and stands up for something. If only it had happened several years prior as well...

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Its about damned time... by Sorthum · · Score: 5, Insightful

      Forget the Democratic slur-- it's about time ANYBODY in Washington stood up for something that doesn't involve systematically stripping our rights from us. Well played, House.

    2. Re:Its about damned time... by geekoid · · Score: 4, Interesting

      Being in the miority during those years might ahve ahd something to do with it, as well as trusting what the president had said about WMDs.

      At that time, it wasn't unreasonable to believe the president. Of course, now that we know he lied, he should be tossed out, perferable on the last day in office, so he still gets it noted in the history books, but Cheney has no time to do anything else.

      hmm, or maybe do it sooner, and then toss Cheney out for lying as well, preferably on the same day.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Its about damned time... by ArcherB · · Score: 5, Insightful

      That someone with a D after their name grows a package and stands up for something. If only it had happened several years prior as well... Sounds to me like they just gave a bunch of pretty speeches.

      I haven't read the bill that was passed, but it seems like it's a bunch of the same, minus the telecom immunity. Maybe I'm reading this wrong.. well, take a look. From HERE

      The surveillance law is intended to help the government pursue suspected terrorists by making it easier to eavesdrop on international phone calls and e-mails between foreigners abroad and Americans in the U.S, and remove barriers to collecting purely foreign communications that pass through the United States- for instance, foreign e-mails stored on a server.
      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    4. Re:Its about damned time... by pitchpipe · · Score: 4, Insightful

      How is this informative. If you don't like or disagree with what the person said, respond to their argument. Changing what they said and then saying made it true for ya seems rather childish. If you don't believe the president distorted the evidence provided by the intelligence community, let us know what makes you believe that.

      --
      Look where all this talking got us, baby.
    5. Re:Its about damned time... by Scrameustache · · Score: 5, Insightful

      At that time, it wasn't unreasonable to believe the president. I'm sorry, but it was unreasonable.

      It wasn't trust based on rational thought, it was based on emotion. Fear, anger, panic.

      I didn't trust him then anymore than I do now, because I do not base the trustworthiness on a person on their position of authority nor their space-time proximity to an awe-inspiring event.
      --

      You can't take the sky from me...

    6. Re:Its about damned time... by techno-vampire · · Score: 5, Interesting

      That's what it started out as. Now, it's an organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda. The ACLU has made it quite plain a number of times that it will not, under any circumstances defend the Second Amendment. As long as that's its position, I, among many others, want nothing to do with it.

      --
      Good, inexpensive web hosting
    7. Re:Its about damned time... by statemachine · · Score: 4, Informative

      Hmm, another person who didn't read the link. Bush discarded the information given to him by the intelligence community and made up his own. Here's that link again: 935. I can't help you if you're not willing to read it.

    8. Re:Its about damned time... by SoupGuru · · Score: 5, Informative

      I was under the impression that the ACLU stayed away from 2nd Amendment issues because there are many other organization that will step in should the situation arise. The NRA being one of them.

      --
      What doesn't kill you only delays the inevitable
    9. Re:Its about damned time... by Original+Replica · · Score: 5, Informative

      The slur is on the R, we don't expect THEM to value freedom

      Before the Neo-Cons, there was a time when the Republican party was actually conservative."Conservatism in the United States comprises a constellation of political ideologies including fiscal conservatism, free market or economic liberalism, social conservatism, libertarianism, bioconservatism and religious conservatism, as well as support for a strong military, small government, and states' rights." About the only aspects they still have from that old ideology is their love of a strong military, and religious conservatism.

      --
      We are all just people.
    10. Re:Its about damned time... by ppanon · · Score: 4, Interesting

      The reason why the Bush administration wants the blanket immunity is to cover their own asses for after 2008. The Democrats won't bother doing anything now because they know the Justice Department will cover Bush's ass. But after January '09, Presidential pardons likely will no longer be an option.

      When Bush leaves, criminal prosecutions by a Democrat-run Justice Department against telecom employees might get them to inform on the illegal behaviour carried out by Bush administration officials in a plea bargain. With telecom immunity however, the Bush/Telecom omerta can continue.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    11. Re:Its about damned time... by Ardeaem · · Score: 5, Insightful

      That's what it started out as. Now, it's an organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda. The ACLU has made it quite plain a number of times that it will not, under any circumstances defend the Second Amendment. As long as that's its position, I, among many others, want nothing to do with it. I love how everytime someone wants to disagree with a point of view, their opponent has an "agenda," while the people they agree with have "values." Feel free to disagree with the ACLU about the second amendment, but if you read the text of the Constitution, you understand that the second amendment is difficult to interpret. The courts in the US very rarely side with people who hold to the most pro-gun positions anyway; the ACLU is not the only one who does not interpret the second amendment in the same way that the NRA does.

      The ACLU does tons of good work with free speech, freedom of religion, freedom of the press, Fourth amendment issues, etc, etc, etc. You want nothing to do with the ACLU because of its position on ONE confusingly-worded amendment? That seems extremely shortsighted to me. Strip away your free speech rights, and advocating second amendment rights becomes terrorism. Let's make sure we keep our free speech rights so we can be free to continue to debate what our second amendment rights should be. Support the ACLU, and that will remain possible.
    12. Re:Its about damned time... by MightyMartian · · Score: 4, Insightful

      Lots of regimes have mass graves, torture rooms and every affront to civilization one can imagine. The United States has not historically leaped to the defense of the citizens of such nations before, and has, in fact, in some cases, actively supported governments that committed such atrocities (Chile comes to mind). Where was the United States when hundreds of thousands (including women and children) were being cut down in Rwanda? Where is the United States with the atrocities in Darfur?

      No, it simply will not do to try to excuse the illegal invasion of Iraq as some sort of humanitarian action. The precise reasons for it are vague to me, although it's pretty damned clear that there was some part family pride (the son finishing what many thought the father ought to have), access to a major source of oil (a classic war for resources) and maybe even a genuine lack of understanding that the Baathists, as vile a bunch as you can imagine, were not Islamists, and in fact, maintained power in part by harassing and murdering the types of religious fanatics who are likely to join Al Qaeda. I can well imagine from a man like George W. Bush an incredibly ignorant and one-dimensional understanding of the region.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    13. Re:Its about damned time... by HTH+NE1 · · Score: 4, Informative

      How about violation of his oath of office, to "preserve, protect, and defend the Constitution of the United States"? Or, as he put it, "a fucking piece of paper"?

      "Stop throwing the Constitution in my face; it's just a fucking piece of paper!"
      --Words of Treason from sitting U.S. President George W. Bush

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    14. Re:Its about damned time... by blueg3 · · Score: 5, Insightful

      Indeed. A lot of people didn't trust him at the time, and a lot of people disagreed with going to war before we even did so. Now, when politicians start up with "if we knew then what we know now..." business, I can't help but think that apparently a lot of people are more well-informed than they.

  2. Evil men doing good things by Harmonious+Botch · · Score: 4, Informative

    This is separation of powers at work, just like the founding fathers intended. Even if they don't really believe the ideals of freedom of speech, rule of law, no unreasonable searches, etc, they are supporting them because they don't want the president to be stronger than they are.

    1. Re:Evil men doing good things by TubeSteak · · Score: 4, Insightful

      This is separation of powers at work, just like the founding fathers intended. Except the powers so far seem to be Democrat versus Republican, a duopoly which the founding fathers warned of and did not want.
      --
      [Fuck Beta]
      o0t!
    2. Re:Evil men doing good things by lazy_nihilist · · Score: 5, Insightful

      What is with the US obsession with "founding fathers"?
      I agree that they were bright thinkers of their time, but surely they can't have got EVERYTHING right. For starters, they didn't even let women and black people vote.
      So instead of saying founding father this and founding father that, why not think for yourselves what is right for THIS age and time.

    3. Re:Evil men doing good things by Hucko · · Score: 4, Funny

      Well, the Founding Fathers would have argued that just because something is old, it doesn't mean it is wrong. After all, the Founding Fathers were experts of their time at new stuff, but they implemented a lot of old stuff anyway.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    4. Re:Evil men doing good things by Moridineas · · Score: 5, Insightful

      So instead of saying founding father this and founding father that, why not think for yourselves what is right for THIS age and time. To think that Americans do otherwise is sheer ignorance. The founding fathers are remembered because they got so much right--they designed a system that has survived 200+ years with very few changes. Nobody--originalists included--act or think the way you seem to think they do. While designing the first modern political system from the ground up, the founders and great thinkers of the period had many debates, wrote much, spoke much, and thought much. It would be foolish in the extreme to toss away an ENTIRE body of knowledge and thinking because it does not fit the intellectual trends of a moment (nihilist eh? ;-) In a situation like this, the previous poster is pointing out a perfect example of a problem that Washington warned of. Nobody is suggesting that we should keep a static society from the late 18th century, rather we should remember the ideals upon which the entire American society was founded, and be mindful of the past.

      You know the old statement--those who forget history are doomed to repeat it?
  3. Re:OT by timeOday · · Score: 5, Insightful

    I disagree. The telecoms' defense amounts to "the president made me do it." If that's a valid defense, then essentially there is no rule of law, just the whim of the king. So which is higher, the president or the law? That's the real question at issue here.

  4. Re:OT by jb68321 · · Score: 5, Informative

    Hm I suppose you MAY have missed the article that came out (from the Wall Street Journal no less) that talked about a huge NSA spying program, which includes -everyone- in the city of Detroit, everyone they talked to, among millions of other people whose emails, etc got flagged by some NSA program. I'd link but their site requires subscription. The NSA pulled bank, phone, credit card, etc records for millions of innocent individuals and shared them with many other government agencies.

    This type of government-funded, classified-budget project, plus all the other recent revelations about warrant-less wiretapping (demanded by the Bush administration officials on account of their terrorist-finding programs) amounts to a huge case against the Bush administration itself. If the administration had not demanded the info, which is illegal itself thanks to the Constitution, the ISPs would not have had to give up info... not that they had to, and doing so was also illegal IMHO. Anyways you can't possibly say it was only the ISP's fault without acknowledging the government was giving them hell in the meantime.

    http://topics.nytimes.com/top/reference/timestopics/organizations/n/national_security_agency/index.html?inline=nyt-org

  5. Re:This sucks. by Bovius · · Score: 5, Insightful

    I disagree. Passing a good bill that is doomed to failure is better than passing a bad bill to maintain the appearance of "getting things done."

  6. Re:OT by whoever57 · · Score: 4, Insightful

    The telecoms' defense amounts to "the president made me do it."
    Then go after the president.
    At the risk of invoking Godwin, didn't the Nuremburg trials show once and for all that "I was ordered to do it" is not a valid defense?
    --
    The real "Libtards" are the Libertarians!
  7. This Might Not Survive Conference Committee by MichaelCrawford · · Score: 4, Informative
    This bill has only been passed by the House of Representatives. The Senate has already passed a bill that gives Bush everything he wants. What happens now is that the two bills will be "reconciled" by a conference committee, that will then yield the bill that actually gets passed - or not.

    What You Need To Do Now:

    If you are a US citizen, visit Congress.org and enter your zip code in the Search box to find out who your Representative and Senators are. Then write them a letter urging them to uphold the House's version of the bill in the conference committee.

    Don't bother with email; if you can't write a letter, call them on the phone.

    Emphasize the importance of the Constitution and the rule of law.

    Urge them not to compromise, if the President does veto the final bill. It would be much better not to pass a bill at all than to allow this travesty of justice to continue.

    My letter is going to point out that all the telcos knew they were breaking the law when they committed their crimes. Such criminal acts should be treated as such. IMHO, there shouldn't need to be civil lawsuits filed by those who were spied upon; all of the telco employees involved, as well as all the government officials involved, should be put in prison for a good long time.

    You can't prosecute a sitting president, but what you can do is impeach him, and that's what should happen to Bush.

    --
    Request your free CD of my piano music.
  8. Re:OT by DragonWriter · · Score: 4, Insightful

    I'm not defending it either way, but when you are debating to decide whether or not to give immunity to telecoms, why bring up congressional oversite of the President?


    The kind of immunity for the telecoms sought by the Administration would have presented lawsuits against them which, because of governmental immunities, standing issues, and other problems, are pretty the most probable way, if not the only way, that any of the facts necessary to hold the executive accountable are likely to come out in practice.

    It also would encourage large companies to violate the law at the behest of the executive in future cases (and not only in this particular area), by setting the example that such violations would be the subject of retroactive immunity. By encouraging lawbreaking at the behest of the President, it would, therefore, have reduced the degree to which the law served as a practical constraint on executive action.

    So this law, that superficially concerning immunity for telecoms, had a serious impact on the practical accountability of the President to the law, something which Members of Congress unsurprisingly did not miss, and perhaps more surprisingly actually pointed out and acted upon.

  9. Re:OT by DragonWriter · · Score: 5, Insightful

    At the risk of invoking Godwin, didn't the Nuremburg trials show once and for all that "I was ordered to do it" is not a valid defense?


    They certainly showed that it wasn't when the orders came from the leadership on the losing side of a war, and the winning side is making the judgements.

  10. Re:This doesn't address the issue. by MightyMartian · · Score: 4, Insightful

    While obviously telecoms KNEW better, its hard to say 'no' to your nation's president


    And that suggests that biggest problem with how the Presidency has evolved. The Presidency was not supposed to be some sort of regal position, save in the ceremonial respect (where the President is the equivalent of a king or emperor). If the President of the United States asks you to do something illegal, it is, under the law, no different than any other citizen of the United States asking you to do something illegal. You say no, because you're opening yourself up to possible prosecution or civil reparations.
    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  11. ACLU is biased? by GeekZilla · · Score: 4, Insightful

    I am not sure how you can claim being neutral on the Second Amendment constitutes the ACLU as being an "organization dedicated to defending those parts of the Constitution it approves of and those interpretations that match its agenda." They clearly state their position here (http://www.aclu.org/police/gen/14523res20020304.html). Their position statement follows:

    ACLU POLICY

    "The ACLU agrees with the Supreme Court's long-standing interpretation of the Second Amendment [as set forth in the 1939 case, U.S. v. Miller] that the individual's right to bear arms applies only to the preservation or efficiency of a well-regulated militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected. Therefore, there is no constitutional impediment to the regulation of firearms." -- Policy #47

    Now, not being an expert on Supreme Court rulings, I wonder if there are later cases where the opinion of the court was different. The case the ACLU references is from 1939.

    I have heard arguments that feel the definition of a "militia" is not specifically spelled out in the 2nd Amendment and is open to interpretation and that therefore what the founding fathers meant when writing about a "well regulated militia" might mean something more/different than what the ACLU interprets it to mean.

    "A well regulated militia, being necessary to the security of a free State, ..."

    "Keep and bear arms"-If they did mean specifically "citizens" or "individuals" do you think the founding fathers meant ALL types of arms? It was pretty limited back then...cannons, pistols, rifles, swords, so maybe at that time they did. If they meant all types of arms then, do you think that would be appropriate now? There are quite a few people I can think of that don't really need to be carrying around grenades or rockets. :) My ex-wife is one example.

    If they did mean individuals and arms in general and not specifically "small arms" and non-automatic weapons, then there is a constitutional right for individuals to actually own those types of weapons and where can I get mine?

    It all comes down to trying to figure out what people 225+ years ago meant when they said "militia" and "arms". I guess that's why they made the Supreme Court.

    Oops! Sorry. I included two different topics. I went from "The ACLU is not choosing to only promote it's own agenda" to a discussion on what the founding fathers meant by "militia" and "arms". My mind tends to wander as the caffeine wears off in the evening.

    --
    Veritas patesco per quaestio questio. Truth is revealed through questions.
    1. Re:ACLU is biased? by AJWM · · Score: 5, Insightful

      US vs Miller was about the defendant having a sawed-off shotgun (on which the appropriate firearms tax had not been paid). The Supreme Court agreed with the US attorney (the defendants were not present or represented at the Supreme Court hearing) that a sawed-off shotgun is not a military weapon (they were wrong, but evidence to the contrary was not presented at trial or appeal), and so not covered by the 2nd Amendment.

      By this logic, bans or restrictions on assault rifles and machine guns clearly do violate the 2nd Amendment, as they are clearly intended for military (and hence militia) use. (The court agreed with the general definition of "militia" as "all able-bodied males", not members of regular forces.)

      US vs Miller is one of those bad decisions in which both sides can find something to back up their claims. The ACLU claiming that it settles the point is complete cop-out.

      --
      -- Alastair
    2. Re:ACLU is biased? by bill_mcgonigle · · Score: 4, Informative
      I have heard arguments that feel the definition of a "militia" is not specifically spelled out in the 2nd Amendment and is open to interpretation and that therefore what the founding fathers meant when writing about a "well regulated militia" might mean something more/different than what the ACLU interprets it to mean.

      Fortunately, the Constitution comes with Cliff's Notes, the Federalist Papers. Here's what Madison had to say on the issue of the Federal military usurping power from the States (to the people of New York, specifically, in Federalist #46):

      Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence.

      I'm not sure Madison could have been more clear on what a 'militia' meant in 1789, nor what its purpose was.

      For the Supreme Court or the ACLU to ignore the relevant historical context is simply statist activism in disguise.

      "Keep and bear arms"-If they did mean specifically "citizens" or "individuals" do you think the founding fathers meant ALL types of arms? It was pretty limited back then...cannons, pistols, rifles, swords, so maybe at that time they did. If they meant all types of arms then, do you think that would be appropriate now? There are quite a few people I can think of that don't really need to be carrying around grenades or rockets. :) My ex-wife is one example.

      They meant the citizenry should be able to defend itself against an oppressive regime. Certainly small arms would be the most useful for this. WMD's probably not. Grenades, yeah, probably. The calculation is that it's beter for your ex-wife to have a grenade than for her to be put in a prison camp. Sorry, you may have to take one for the team. :)

      If they did mean individuals and arms in general and not specifically "small arms" and non-automatic weapons, then there is a constitutional right for individuals to actually own those types of weapons and where can I get mine?

      Ah, now you're beginning to see the lurch our forbearers have gotten us into!
      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  12. OMG by DarkProphet · · Score: 4, Insightful

    Too little, too late. Seven years ago would have been an opportune time to put the administration in its place. We've already allowed them to alienate our inalienable rights, and we've paid them nearly a half a trillion dollars for the privilege. I'm sorry, but 2 blown up buildings, three lost airliners, and ~4000 dead civilians aren't worth the price of my essential liberty or yours. If our loss was tenfold it still would not and could not justify disregard for our civil liberties. And that is to say nothing about the skyrocketing oil prices and the fact that nearly the whole rest of the world hates us. For what? Safety? Security? Its an illusion, and always has been. Remember that, the next time they make you take off your shoes at the airport. Its nothing cabin door locks and a few air marshalls couldn't fix. There is no safety guarantee in life. We all run the risk of something bad happening to us every time we leave our homes for the day. Any day could be the day you don't come home. More Americans die every year of self-induced injuries (alcohol abuse, drug use, smoking, and obesity to name a few), but I don't see a half a trillion dollar initiative to solve THOSE problems. Its a sorry state of affairs when the land of the free is fleeced due to a glorified snipe hunt, and sorrier yet that the whole scheme has been perpetrated by those sworn to faithfully uphold the ideals and best interests of the American people. And sorriest of all is that you and I have done it to ourselves by allowing these criminals to frighten us and rob is of our rights, dignity, and tax dollars in the name of protection against a bogeyman that simply doesn't exist. I am certain that our founding fathers would have some stern worlds on the subject -- oh, well they did, its called the Constitution, but fuck it, we threw that out the window seven years ago. We will get exactly what we deserve. But hey, as long as we have Blu-Ray, American Idol, and Ipods, its all good right?

    In the timeless words of Charlie Brown: Good grief!

    --
    What could possibly hurt the security of the American people more than giving our own government the ability to hide its