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House Republicans Renew Push for Telecom Immunity

CNet is running an update to the controversy over giving telecommunications giants such as AT&T immunity from lawsuits involving the assistance they gave the NSA for illegal wiretaps. Republican leaders are circulating a petition which would force a vote on the bill passed by the Senate but not by the House. Democrats are holding out for a version of the FISA bill which opens the telecoms to prosecution. President Bush still intends to veto any such document. "At a wide-ranging House hearing on Wednesday, FBI Director Robert Mueller again urged passage of a bill that includes immunity for phone companies, arguing that 'uncertainty' among the carriers 'affects our ability to get info as fast and as quickly as we would want.' He admitted, however, that he was not aware of any wiretap requests being denied because of Congress' inaction."

31 of 123 comments (clear)

  1. Sure they can have immunity... by The+Master+Control+P · · Score: 2, Insightful

    After they enumerate every last thing Bushco did. Sort of like how the prosecutor normally gets something of value for case A in exchange for not pursuing case B, generally as a stepping stone to indictment for a worse offense in case A?

    I don't know what sickens me more, the extent to which Bushco has defiled the rule of law in this country or that they'll most likely succeed in avoiding prosecution by running out the clock.

    1. Re:Sure they can have immunity... by Narpak · · Score: 3, Insightful

      Maybe if all the people that complained about the indications that the Bush administration has been greedy and unethical actually went out and actively tried to get them indicted. Perhaps then a serious investigation could take place to uncover exactly what has been done by whom; and prosecute any wrong doing.

      However, just venting a bit now and again on forums or to friends or co-workers; is just as bad as ignoring the problem or pretending it doesn't exists. As long as people continue to stick their head in the sand and pretend nothing is their responsibility; nothing is exactly what will happen.

    2. Re:Sure they can have immunity... by Murrquan · · Score: 3, Insightful

      I'd like to tell you you're wrong, but it was the hatred and vitriol I saw on the part of the anti-Bush crowd that kept me from listening to them for a long time.

      Nowadays, I agree with them that he is a criminal, that his behavior is unethical, that he is running the country into the ground and that his war is being waged on behalf of corporate interests. But I try not to badmouth and insult him, because I don't think it's right. And I don't want to turn anyone else away.

      It's hard enough getting people to listen as it is.

    3. Re:Sure they can have immunity... by immcintosh · · Score: 2, Insightful

      Thank you for an absolutely classic example of the ad hominem fallacy. Clearly there is something wrong with you, therefore there must be something wrong with your argument. Please, attach the argument or position, or remain quiet--attacking the person accomplishes nothing.

      That said, Bush has done much to deserve the vitriol that is so squarely aimed at him, at least in the eyes of many, and on top of that I think you own prejudices have caused you to apparently read WAY too much into something as simple as the word "Bushco." I mean, overreact much?

    4. Re:Sure they can have immunity... by immcintosh · · Score: 2, Insightful

      Nowadays, I agree with them that he is a criminal, that his behavior is unethical, that he is running the country into the ground and that his war is being waged on behalf of corporate interests. But I try not to badmouth and insult him, because I don't think it's right. And I don't want to turn anyone else away.
      He's an unethical criminal who is destroying our country on the behalf of corporate interests... but it's not okay to badmouth him? What kind of twisted world do you live in? If you don't "badmouth" that kind of bullshit, it slides. And when it slides, and you suffer for it, you have only yourself to blame. By all means, badmouth it in a more politic manner than some have, but badmouth it you absolutely should.
    5. Re:Sure they can have immunity... by jthill · · Score: 2, Interesting

      too blinded ... to form an honest, open-minded opinion

      Prejudice is the mother of all traps, sure. Here's the one I fell into:

      In an essay by Ron Suskind, one of the President's advisors is quoted referring to

      the way he walks and the way he points, the way he exudes confidence
      as a political advantage for the President.

      I know I'm not alone: when I saw the way he walks and the way he points, every poser alarm in my system started screaming bloody fool.

      As you say, right or wrong, snap judgments convince no one; but that's not the trap I fell into.

      The trap I fell into was that I didn't take the trouble to really eliminate the effects of confirmation bias. Laziness, really. I let my faith in the American system lull me, without acknowledging that I'm part of that system.

      The trap I fell into was to dismiss my gut reaction as implausibly extreme; to leave the job of responding to people with, as I thought, cooler heads and clearer vision. What I did was, I allowed a really important question to remain "open": I recognized my own prejudice and did not work to eliminate its effects.

      But it doesn't seem to me that confirmation bias has much chance of distorting these results. Take a gander at the last paragraph of this speech . Sit quiet and look at the premises, the reasoning, the implications.

      I've opened my mind, done my looking, and the conclusion I've reached is this: Bram Stoker's masterpiece is a metaphorical treatise on the desire for vengeance.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    6. Re:Sure they can have immunity... by immcintosh · · Score: 2, Informative

      You are absolutely incorrect. This is almost a textbook example of an ad hominem argument. The claim of the argument is that, because the proponent of a position is supposedly a "hate filled bigot," the position is therefore invalid.

      To use Wikipedia's example:

      Person A makes claim X
      There is something objectionable about Person A
      Therefore claim X is false
      This is precisely the content of the argument I was responding to. Please, if you are going to attempt to correct somebody on a point like this, in the future do try to do better than, "it's more like a red herring."

      Similar to ignoratio elenchi, a red herring is an argument, given in reply, that does not address the original issue. Critically, a red herring is a deliberate attempt to change the subject or divert the argument.

      Wikipedia again, although I have some textbooks on the subject if you'd prefer I use a more formal resource. Of important note that ad hominem and red herring are not mutually exclusive, and even suggest one another often as not.

      To wit, the person to whom I replied both dismissed the grandparent's argument on the bases of a personal characterization (ad hominem) and attempted to divert the argument to one about people being "hate filled bigots" about bush (red herring). I stand by my claim of ad hominem, and suggest you find a more useful and valid criticism if you dislike my point.

      P.S. I studied philosophy with a concentration in formal logic, why I claim as an explanation for my preference for formal logical analysis of arguments. And yourself?

    7. Re:Sure they can have immunity... by mOdQuArK! · · Score: 2, Insightful

      So you allowed your emotional reaction to people whose behavior you disliked to override your rational judgement about an important subject. It sounds like you share equal blame for being shortsighted with the people whose behavior was irritating you.

  2. National Security or Political Security? by Anonymous Coward · · Score: 5, Informative

    On Wednesday, a number of Republican leaders, including Lamar Smith (R-Texas), Peter Hoekstra (R-Mich.) and Peter King (R-N.Y.), began circulating what's known as a "discharge" petition

    Lamar Smith -- $679,583 from Communic/Electronics industry
    Peter Hoekstra -- $42,685 from Communic/Electronics industry
    Peter King -- $140,072 from Communic/Electronics industry

    "More than 66 days have passed since House Democrats allowed a key piece of terrorist surveillance legislation to expire--not because they had concerns with the bill, but because they were seemingly more concerned that not enough trial lawyers would be able to file enough expensive and frivolous lawsuits against U.S. telecom firms," Republican whip Roy Blunt (R-Mo.) said in a statement.

    Roy Blunt -- $846,327 from Communic/Electronics industry

    1. Re:National Security or Political Security? by Clay+Pigeon+-TPF-VS- · · Score: 2, Informative

      42k is chump change for an election warchest. 650+k on the other hand, is a nice chunk of cash...

      Of course if you want to throw out Hoekstra youre going to have to do what he did to get elected: win the primary, which is where most money is spent in MI2.

      Michigan's 2nd Congressional District includes a large amount of Conservative Christians (Calvinists), and Hoekstra's conservative base in Ottawa county is quite safe for him. It is the reddest county in the nation.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
    2. Re:National Security or Political Security? by Nimey · · Score: 2, Funny

      Roy Blunt -- $846,327 from Communic/Electronics industry Good to know the price of my "representative", thanks.
      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
  3. Re:Republicans are a wierd set by Ihlosi · · Score: 2, Funny
    I often wonder how they imagine themselves squaring accepting money from lobbyists, etc with God. "it was a lot of money" seems like a terrible excuse.



    Not to mention that Jesus himself supposedly said that you can only serve one lord - money, or God. But then again, they probably read the Bible like they read a novel - read the first couple
    of chapters with great interest, and then skip to the last to see how the story ends.

  4. Little more than a stunt, really by Saint+Fnordius · · Score: 4, Interesting

    The success and the payback the Democrats experienced in overturning this train-wreck of a bill experienced, they aren't in the mood to roll over any more. Even the telcos prefer the Democratic version which grants the companies the ability to present evidence in their own defence.

    And that is what scares the Bush administration most: transparency. They know that they are in a world of trouble, and the GOP is now looking at a sea-change as strong as when Roosevelt succeeded Hoover. It will be a long time before Republicans can overcome the legacy of Lee Atwater/ Karl Rove politics...

    1. Re:Little more than a stunt, really by AltGrendel · · Score: 2, Interesting
      No one ever went broke underestimating the stupidity of the American public.

      I forget who made that quote, but it's still valid.

      --
      The simple truth is that interstellar distances will not fit into the human imagination

      - Douglas Adams

    2. Re:Little more than a stunt, really by Anonymous Coward · · Score: 2, Interesting

      They know that they are in a world of trouble, and the GOP is now looking at a sea-change as strong as when Roosevelt succeeded Hoover. It will be a long time before Republicans can overcome the legacy of Lee Atwater/ Karl Rove politics... No, they're not. The Democratic Party has gone out of their way to self-destruct - again - and is incapable of putting up a unified front. The continued primary season guarantees that we'll be seeing McCain in office next year, since the Democrats have managed to completely split the party into people who'll vote for Obama but not Clinton and Clinton but not Obama. So whoever ultimately wins, the Democrats lose.

      To rework a phrase someone has already said, never underestimate the ability of the Democratic Party to self-destruct.
    3. Re:Little more than a stunt, really by tbannist · · Score: 2, Interesting

      That's assuming that the winner of the Obama-Clinton race can't swallow his or her pride and offer their opponent shotgun.

      An Obama-Clinton or Clinton-Obama ticket should motivate the Democratic voters for both front runners. Additionally, as long as the coverage focuses on the race between Clinton and Obama, the less it's focusing on that other guy who happens to be running for President and that's not good for him with undecided voters.

      --
      Fanatically anti-fanatical
    4. Re:Little more than a stunt, really by rsborg · · Score: 4, Insightful

      That's assuming that the winner of the Obama-Clinton race can't swallow his or her pride and offer their opponent shotgun.
      Saying this means you know little of the real schism between Obama and Clinton campaigns. This is a battle for the soul of the Democratic party, and it looks like the old guard (Clinton's folks) are fighting tooth and nail for the top seat, but losing. Look in the history books about previous such change... it's painful and doesn't happen overnight.
      --
      Make sure everyone's vote counts: Verified Voting
  5. Re:Not until they cut us our $150,000.00 checks.. by jollyreaper · · Score: 3, Funny

    Why are these Republicans so SOFT ON CRIME??? Because illicit gains from those crimes make them hard.
    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  6. Re:Hard to Say "No." by Svartalf · · Score: 4, Insightful

    No, they don't deserve anything. They KNEW that what they were doing was against the law- that's why they're begging for immunity. If WE did something along the same lines, we'd be doing hard prison time.

    Sorry, companies need to be held accountable for their actions- period.

    It's not "okay" because the President asked them pretty please and gave 'em an offer they couldn't refuse. If a mobster did the same thing and you robbed a bank, stole a car, or killed someone- you'd do the time all the same or some lessened sentence and you'd be found guilty of the crime.

    No immunity. Present your evidence- roll the dice and see what comes of it.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  7. Re:Hard to Say "No." by Thing+1 · · Score: 4, Insightful

    If a mobster did the same thing and you robbed a bank, stole a car, or killed someone- you'd do the time all the same or some lessened sentence and you'd be found guilty of the crime.

    And more: the mobster would do time as well. So, why isn't the president?

    --
    I feel fantastic, and I'm still alive.
  8. Re:Not until they cut us our $150,000.00 checks.. by ArcherB · · Score: 2, Insightful

    I think *we all* could use that check for $150,000.00. Just curious. Where do you think all that money would come from? Even if it's not the 150k/person that you want, where do you think the money from any fines would come from?

    I'll even give you a hint... where do TelCo's get their money?
    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  9. Link by Geoffrey.landis · · Score: 4, Informative
    The link for this statement:

    [FBI Director Robert Mueller] admitted, however, that he was not aware of any wiretap requests being denied because of Congress' inaction." is here: www.news.com/8301-10784_3-9886461-7.html

    This is the relevant passage:

    ...FBI Director Robert Mueller continued that push on Wednesday, but he wouldn't go so far as to say those "private partners" would stop installing requested wiretaps unless certain legal protection is granted.

    To some extent, Mueller is stating the obvious: Federal law requires telephone and Internet companies to comply with lawful wiretap court orders or lawful certifications from the attorney general, with stiff penalties for noncompliance. But Mueller said in various ways that he was concerned that lack of retroactive liability protection would harm the government's "relationships" with telephone companies -- which seems to leave in doubt whether all of the administration's requests were legal.

    The seemingly reluctant admission came during pointed questioning by Sen. Arlen Specter (R-Penn.) at a Senate Judiciary Committee hearing. Specter, the committee's ranking member, has proposed an amendment--which has so far been unsuccessful--to a controversial spy law update that would allow lawsuits alleging illegal spying by telephone companies to continue, except with government lawyers substituted in the companies' place.

    FBI Director Robert Mueller said he disagreed with that approach, arguing it would provide a "disincentive" for communications companies to team up with federal terrorism investigations.

    Then the following exchange ensued:

    Specter: A disincentive, OK, but do you think they would stop?
    Mueller: I think it is a disincentive...
    Specter: But do you think they would stop?
    Mueller: I think it would hamper our relationships, yes.... I do think it would hinder our relationships.
    Specter: Disincentive, hamper, hinder, but I don't hear you say it would stop....
    Mueller: I'm not going to say it's going to stop, but I do believe delay is detrimental to the safety of the country. Delay and lack of clarity, lack of simplicity guiding our relationships inhibits our ability to get the information we need on a daily basis.
    ...

    --
    http://www.geoffreylandis.com
  10. Re:Hard to Say "No." by tbannist · · Score: 5, Insightful

    Absolutely not, if they were coerced that needs to be shown in a court of law. I have no problem with not punishing them for breaking law in that case, but the evidence that they were coerced needs to be entered shown to the courts first.

    Immunity just allows the White House to hide the evidence of what they were doing when they knowingly broke the law by asking for information they could not legally ask for.

    --
    Fanatically anti-fanatical
  11. Re:Someone tell me something: by Anonymous Coward · · Score: 2, Insightful

    Because the law which allows them to tap the phones without a warrant also requires that they then obtain said warrant with.... I believe it was 72 hours time. So even though there is an allowance in the law for them to tap a call in a case of a dire need, they still need to go to FISA to make that tapping legitimate.

    Bush couldn't even be bothered to do that much though. So that's why we are where we are.

  12. Re:Someone tell me something: by tbannist · · Score: 4, Insightful

    Well, if they didn't break any laws, then there's no need to pass legislation that grants them immunity for breaking the law.

    It's obvious the Republicans think that they and the telecommunications companies did break the law, and in such a serious way that they are desperately fearful of the aftermath of their actions.

    --
    Fanatically anti-fanatical
  13. Re:Not until they cut us our $150,000.00 checks.. by A+nonymous+Coward · · Score: 2, Interesting

    Tell you what -- the officers of the company dictated that illegal policy, and considering the phone company's history and how long those guys have been around, they knew damned well what they were doing.

    Take ALL their assets. Bankrupt them, distribute the proceeds, THEN jail the sonzabitches.

  14. The Telcos are really caught in the middle... by sirwired · · Score: 3, Interesting

    I do have quite a bit of sympathy for the telcos here. Yes, they were in many cases paid to do the wiretapping, but I do not blame them in the least for assuming that the requests from the govt. agency were legal. It is not the telco's job to evaluate the constitutionality of requests from a government agency.

    OTOH, NOT granting them immunity is the only way we are ever going to get to the bottom of the wiretapping scandal, since suits against the govt. have been dismissed for lack of standing. (Lack of standing has been ruled, because the plaintiff's have not been allowed to collect or present evidence that the wiretapping took place at all. A stupid Catch-22.)

    SirWired

    1. Re:The Telcos are really caught in the middle... by nuzak · · Score: 2, Interesting

      The only reason they'd need immunity is if they are actually guilty but "somebody" thinks his orders are more important than the law.

      Or more likely, the money. AT&T found its principles rather quickly, once Uncle Sam's check bounced. This is the sort of thing that could come out in discovery, and this is what the telcos want immunity from.

      --
      Done with slashdot, done with nerds, getting a life.
  15. Re:Not until they cut us our $150,000.00 checks.. by ArcherB · · Score: 2, Informative

    I'll even give you a hint... where do TelCo's get their money?

    In this case? Shareholders, ultimately. Telecoms' prices are already set at the profit-maximizing point. If they could make more money by raising prices, they would already have done so.

    The benefit of liability would be that next time a shareholder chose which telecom company to invest in, he'd pick one that made the most credible promises not to spy on its customers, and crime would be deterred.

    You can't sue the owners of an incorporated company as they are shielded. That's why companies incorporate. You have to sue the company itself as it is its own entity.

    Now, if you can find a telco that allowed wire taps and is a sole proprietorship, then have at it! Good luck in finding one of those.
    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  16. Re:Republicans are a wierd set by hedwards · · Score: 2, Insightful

    I don't think that anybody is going to argue against wiretapping criminals, and those that are likely to be criminals.

    The issue here is no oversight, no idea who's being tapped and a bunch of telcos that were raking in the cash for illegal favors trying to avoid being held accountable by the people. Basically as it stands now it is almost completely unknown as to who was being tapped, for what reasons and why. The fact that they weren't even bothering to use FISA which is set up with notoriously lax standards and can issue warrants after the tapping has already been completed is more than a little fishy. Anybody that argues that the telcos didn't know what they were doing was wrong, really needs to think about that, and consider the legally granted wire taps that they disconnected because they weren't paid in a timely fashion for the service.

    But then again, what do I know, I still think that flag lapel pins are tacky and disrespect our service personnel when used to invoke patriotism as part of a campaign ruse.

  17. Re:Not until they cut us our $150,000.00 checks.. by Pendersempai · · Score: 2, Insightful

    You can't sue the owners of an incorporated company as they are shielded.

    Yes, I know that. I'm a few steps ahead of you. You sue the corporation; the settlement (and it always settles) comes out of the corporation's treasury, which means the corporation owns fewer assets, which means the stock is less valuable, which means the share price drops, which means people who own the shares just cumulatively lost an amount of money exactly equal to the price of the settlement. In other words, as I said, the shareholders bear the loss.

    The only time shareholders' limited liability makes a difference would be if the company were sued (and lost) for more than its entire market capitalization -- in other words, for a number larger than the value of all the outstanding stock combined. Then it goes into bankruptcy and it's true that shareholders are not personally liable for the negative value of the corporation. But I would be shocked if that happened here. Telecoms are enormous creatures.