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Senate Delays Telecom Immunity Vote Until After July Recess

ivantheshifty writes with news of a delayed vote (failed filibuster attempt aside) on the updated FISA bill which has been discussed here recently, in particular because it would grant telecom companies immunity (under certain conditions) from suits for wiretapping conducted at government request. According to the Associated Press story carried by the Washington Post, "Sen. Russ Feingold, D-Wis., and more than a dozen other senators who oppose telecom immunity threw up procedural delays that threatened to force the Senate into a midnight or weekend session. The prospect of further delays was enough to cause Senate Majority Leader Harry Reid, D-Nev., to postpone the vote until after the weeklong July 4 vacation."

39 of 148 comments (clear)

  1. Perhaps a chance to drump up opposition? by paroneayea · · Score: 4, Interesting

    So, there's a chance here, in this brief window of opportunity, to drum up proper opposition to this bill. I'm sure I'm not the only one who felt deeply hurt by Obama not really opposing this bill. Perhaps now's a good chance to get him to show us that he's a candidate of change we can actually believe in?

    --
    http://mediagoblin.org/
    1. Re:Perhaps a chance to drump up opposition? by Daimanta · · Score: 2, Insightful

      "So, there's a chance here, in this brief window of opportunity, to drum up proper opposition to this bill."

      Yes, but it will fail. Tough luck.

      --
      Knowledge is power. Knowledge shared is power lost.
    2. Re:Perhaps a chance to drump up opposition? by Ngarrang · · Score: 4, Insightful

      Obama is lying to his supporters as much as any politician will, if it gets your vote. I foresee him conveniently missing the vote on this one, to avoid having taken sides, to placate all of this liberal supporters in not supporting it, while not giving the conservative the ammo of "he limits your rights!". Wow, lotsa commas in there, sorry about that. Ultimately, Obama and McCain will be blasted by all three sides as the agendas of each see fit.

      --
      Bearded Dragon
    3. Re:Perhaps a chance to drump up opposition? by Falstius · · Score: 2, Insightful

      Obama will be heavily attacked this fall for any appearance of being 'soft' on terrorism. He's between a rock and a hard place, voting against the bill will give serious ammunition to McCain and voting for it hopefully goes against his principles and pisses off the party base. I'm extremely dissapointed in the democratic leadership that they haven't had the guts to stand against the whitehouse on this crap, which would have avoided this position in the first place. I think 3rd parties candidates for congress will have record turn out this fall.

    4. Re:Perhaps a chance to drump up opposition? by morgan_greywolf · · Score: 4, Insightful

      I'm extremely dissapointed in the democratic leadership that they haven't had the guts to stand against the whitehouse on this crap, which would have avoided this position in the first place.

      Do you really think that either major party gives a flying fsck about you or about any principles?

      Large clue stick: they don't. They care about their campaign war che$t$. That's it. So they are going to do whatever they feel will garner the most cash from their brib^H^H^H^Hlobbyists.

      Really. Why are people in this country so naive?

    5. Re:Perhaps a chance to drump up opposition? by Shivetya · · Score: 4, Insightful

      Clinton campaigned as the candidate of change too.

      Tell me how much different he was from any other administration. It is nothing more than a motto that implies more than it delivers.

      I am concerned strictly by how they have voted in the past. What is more telling are what votes they skipped out on or merely voted "present". The more important the issue that a candidate misses out on or votes present the more damning things it implies.

      --
      * Winners compare their achievements to their goals, losers compare theirs to that of others.
    6. Re:Perhaps a chance to drump up opposition? by Smidge204 · · Score: 5, Interesting

      Bear in mind that this is the same "Vital anti-terrorist" FISA bill that President Bush refused to sign last time when it came through without telecom immunity.

      In other words, it's all about covering their ass and has little or nothing to do with actual terrorist monitoring. If it was so important for national security, why would Bush refuse to sign it without telecom immunity?

      Unless I'm mistaken, all activities started before the most recent FISA bill expired on Feb 2007 are still valid for a whole year, so survielence will continue up to Feb 2008 even if this bill does not pass.

      That makes this bill doubly-moot and perfectly "safe" to vote against. Unfortunately the public will never understand this.
      =Smidge=

    7. Re:Perhaps a chance to drump up opposition? by monxrtr · · Score: 2, Interesting

      Who cares. Let it fail, and let the politicians voting for it take the political hit to their reputations. It's not going to stand up in the courts anyway. And the Telecom companies can spend extra tens of millions in legal fees defending the law (or let the subpar public defender presidential administration attorneys lose even bigger for them), before it's overturn and thrown away, and they have to defend against civil damages suits later (and perhaps criminal violations).

      I foresee Telecom executives being paraded in handcuffs just like we saw mortgage brokerage employees being paraded in handcuffs last week. This is the process by which big city and State Attorney generals get their names in the paper to run for the next terms of governor.

      Congress would have been better off passing a legal defense fund act for Telecom companies and executives. So think of this law as more of a corporate welfare subsidy to the legal profession. Just look at the non-stop lawsuits against municipal employees. It wouldn't surprise me if massive corruption kick backs were involved in setting up such law suits to bilk taxpayers money toward law firms.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    8. Re:Perhaps a chance to drump up opposition? by TubeSteak · · Score: 2, Insightful

      I'm extremely dissapointed in the democratic leadership that they haven't had the guts to stand against the whitehouse on this crap, which would have avoided this position in the first place.

      http://www.washingtonpost.com/wp-dyn/content/article/2008/06/19/AR2008061901545.html

      The war spending bill, for example, includes $162 billion for the conflicts in Iraq and Afghanistan and an additional $95 billion worth of domestic spending on programs such as unemployment insurance and higher-education benefits for veterans. Bush, who had threatened for months to veto the legislation, said he will sign it.

      Leading Democrats acknowledged that the surveillance legislation is not their preferred approach, but they said their refusal in February to pass a version supported by the Bush administration paved the way for victories on other legislation, such as the war funding bill.

      The Democratic leadership feels that increased veterans benefits & increased unemployement is more important than rejecting de facto telecom immunity.

      The Democrats are literally allowing their votes to be bought by the Republicans.
      /Shame

      --
      [Fuck Beta]
      o0t!
    9. Re:Perhaps a chance to drump up opposition? by Nimey · · Score: 3, Insightful

      You must be joking. The Supreme Court, I guarantee, will allow this law to stand by 5-4... assuming that it would even grant that a plaintiff has "standing" to bring the suit. The 4 conservative justices would almost certainly find for the government, and Kennedy would probably go with them.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    10. Re:Perhaps a chance to drump up opposition? by sumdumass · · Score: 2, Informative

      The party wouldn't be pissed off if they actually paid attention.

      Under existing law at the time, the telecoms should have have immunity already. the so called lawsuites aren't really about damage, they are to find dirt on the administration because the telecoms would simply show the orders they received authorizing the taps and all. But there is a hitch, the administration has declared them all classified and remanded them as a state secrete which means that the telecoms can't give any of the information out.

      What this particular bill does isn't "provide immunity", that was already there. It provides a vehicle to where the telecoms can use a lawful defense that they already have available to them but can't because of the administration's actions. For some people, they seem to think that getting the administration is so important that we can effectively post facto remove rights under a law and abuse that in order to persecute an action of the government. This bill, in all it's luster, does not say that the telecoms can't be prosecuted. It says that if certain things are true and the telecoms should have had immunity or an affirmative defense already, that certain actions like the AG certifying whether they ordered a tap or not, so the laws in place at the time of the action could be exercised without disclosing "state secretes" and placing them in a violation of another law.

      It is a little disingenuous to make a claim that this bill give immunity. It actually gives access to rights under the law that existed when certain actions happened which equate to immunity. So it doesn't give immunity, it gives access to immunity that should have already been in place. Now this doesn't mean that if the telecoms did anything illegal, they will get off. It means that if they did what the government asked under the presumption of a lawful order, whether acting under color of law or not, they can finally realize the defense already available to them under the law which was removed when it was classified and deemed a state secrete.

      To all those that say they shouldn't of had the immunity in th first place, That's fine. But removing a law after the fact in order to go on a personal vendetta is one of the most heinous breaches of trust we can do. When a citizen or even a corporation looks to the law for guidance in an action, we shouldn't be changing the rules after that action happened. You wouldn't like life in prison for speeding because 2 months after you were caught speeding, they changed the speed limit on the stretch of road to 30 MPH lower making your penalty a newly found felony reckless op with no tolorance. I'm sure it would be even worse if you weren't allowed to make the claim that the speed limit was 30 or 50 MPH higher when you drove down the road meaning that you were only 5 MPG over the limit when that action occurred.

      Section D of the law 2520 says

      (d) Defense.-- A good faith reliance on--
      (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;
      (2) a request of an investigative or law enforcement officer under section 2518 (7) of this title; or
      (3) a good faith determination that section 2511 (3) or 2511 (2)(i) of this title permitted the conduct complained of;
      is a complete defense against any civil or criminal action brought under this chapter or any other law.

      Number 2 mentions 2518(7) which says:

      (7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines th

    11. Re:Perhaps a chance to drump up opposition? by Joeyspecial · · Score: 2, Insightful

      I disagree, I don't think judges like it when the legislature tells the courts what to do. Sometimes 'my branch vs. your branch' trumps political affiliation.

    12. Re:Perhaps a chance to drump up opposition? by zippthorne · · Score: 2, Informative

      no "Ex post facto" laws means (and is intended to mean) that you can't make something illegal after-the-fact. Not that you can't absolve people of wrongdoing, or make something that was illegal legal.

      "Ex post facto" is not the appropriate grounds to object to the telecom bill.

      --
      Can you be Even More Awesome?!
  2. I guarantee you that by Anonymous Coward · · Score: 2, Interesting

    this bill will not be voted on until after November.

    Which tells us what a hot potato it is and give us time to turn it into a rotten potato for the politicians. IOW, lobby them to not vote for it.

  3. Shameful by slashqwerty · · Score: 4, Insightful

    If you want people to talk about your fine work you do it just before a big holiday. Then families will get together and chat about how great things are. If your work is a shameful disgrace that you don't want people talking about you do it after everyone returns from their gatherings.

    1. Re:Shameful by elrous0 · · Score: 4, Insightful
      "What are you going do to celebrate America, daddy?"

      "Well, honey Daddy is going undercut the constitutional checks and balances and basic civil rights that have formed the basis of this Union since its creation."

      "But daddy, aren't you a Democrat?"

      "Yes honey, but daddy's very scared of standing up to the President, so he's decided to just PRETEND to stand up--like when you pretend you're a princess."

      "Daddy, when will the burgers be done?"

      "Sorry honey, Daddy can't reach the top of the grill on his knees."

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  4. Good news by sixintl · · Score: 5, Interesting

    This is the best outcome anyone hoping to hold politicians accountable for this could hope for. Now they can't just vote and shuffle it off into the past and tell people to get over it; their constituents have plenty of time to slam them with letters and phone calls and make them seriously rethink their support. Is it likely to still pass? Yes, that's the US for you. But now at least the bill's opponents have got a fighting chance.

  5. Maybe I'm just too cynical... by Henry+Pate · · Score: 5, Insightful

    The attorney general and national intelligence director on Thursday said President Bush would veto the bill if the immunity provisions were stripped from it.

    So it's vital to national security but not so vital if they can't have immunity along with it.
    They say they haven't broken any laws but are fighting like hell to make sure they can't be prosecuted.

    Is there any reasonable way to appear more guilty?

    --
    Si Hoc Legere Scis Nimium Eruditionis Habes
    1. Re:Maybe I'm just too cynical... by TubeSteak · · Score: 3, Interesting

      Is there any reasonable way to appear more guilty?

      Accidentally give the defense counsel call logs of wiretapped conversations they had with their client?
      http://www.google.com/search?q=Al+Haramain+log+wiretap

      --
      [Fuck Beta]
      o0t!
    2. Re:Maybe I'm just too cynical... by sumdumass · · Score: 2, Insightful

      While I can see his point (put the legal pinch where it belongs on the administration for the illegal authorization), I'd hate to see the telecoms get away scott free when they acted as they did without requiring proof of legal authority for the actions.

      what sort of expectation do you have of the telecoms. Under the law, someone presents them with a certification that they have authority for the tap they are requesting. This could be a court order or a certification from the AG or one of the offices designated. The telecoms don't institute a court proceeding to see if the order is legal or anything. They take from the order that they certification is there. they check for a signature and check to see if that signiture is from a judge or the AGs office. If this is done, they did all their part according to the existing law.

      So what do you expect them to do that would have satisfied your "requiring proof of legal authority for the actions" statement? I mean the law gives them exemption from recourse if the order was from a judge or the AG and his authorized AG agents. It does this because if any of them request action, it is presumed to have been legal already. It shows that if they have that, the person who broke any law was someone besides the telecoms. I guess what makes this confusing is that the Bush administration Classified all the orders as state secretes and it is a felony for the telecoms or anyone to disclose the orders to anyone. This is why the so called immunity is needed. And this current bill doesn't give immunity, it gives a vehicle to which existing immunity can be reached. It requires the AG to certify if they gave orders claiming they had the authority and provides for a court to review abuse. It is also limited to the areas that is classified.

  6. Certain Conditions by Kintar1900 · · Score: 4, Insightful

    ...because it would grant telecom companies immunity (under certain conditions) from suits for wiretapping conducted at government request.

    It's important to note that these "certain conditions" boil down to basically any time the administration says, "We really want to".

    On the one hand, I'm utterly sickened by the fact that this is still up for debate. No one should have protection from doing something unconstitutional. It was the telecoms' duty as American citizens to tell the government to stick it where the sun doesn't shine, and then call the newspapers and blow a huge freaking whistle. On the other hand, I'm glad it hasn't just flown through Congress without any resistance.

    1. Re:Certain Conditions by EgoWumpus · · Score: 2, Interesting

      I think you're correct; most good judges wouldn't deign to listen to an illegal directive. However, the federal courts are being stacked with cronies - people who are going to listen to the directive and know that there is no one that can second-guess that decision.

      My biggest fear is that despite seeing the obvious corruption in the system, few people realize the extent to which the neo-conservative (fascist) movement has infiltrated the mechanics of our system. They're breaking down the matrix of checks and balances in a systematic way, and it's going to cost us in the long term.

      (Hell, the short term, too, if you consider what this war has done to our economy.)

      --

      [Ego]out

  7. Maybe a full-scale filibuster failed... by hyades1 · · Score: 4, Insightful

    ...but threaten to get between these a-holes and a week off and they'd even put legislation that would save starving children and kittens on the back burner.

    It sounds to me like a lot of Senators and Congressmen (from both parties) need to be given a permanent holiday. And the added joy of a fine-tooth-comb tax audit as a going away present.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  8. Not really opposing? He supports it. by dreamchaser · · Score: 4, Informative

    Not really opposing it? He supports it according to every report that I have seen. This is after saying he'd never support the bill if it had immunity for the telcos in it.

    1. Re:Not really opposing? He supports it. by stinerman · · Score: 4, Insightful

      Obama's just doing what every Democrat does after the primary season -- running to the center.

      If you look at it from his perspective, he knows he's already got the liberal vote, so why should he try and speak to their issues anymore? He has to go after the "swing vote". You know, the people who pay attention to the elections starting sometime around late October and vote based on network news reports and campaign commercials. It really gets me that ignorant, low information voters are courted more than people who actually try to make a reasoned and informed decision. That's just the nature of one man, one vote.

      If we had more than two major parties, Obama (and McCain on the other side) couldn't get away with simply flip-flopping on important issues because the farther left and farther right parties would step in to fill the void.

  9. Deal with it! by khasim · · Score: 5, Insightful

    Obama will be heavily attacked this fall for any appearance of being 'soft' on terrorism. He's between a rock and a hard place, ...

    So? Deal with it! He wants to be the President. And he's willing to fold on this issue? Just because he MIGHT not be elected if he doesn't fold?

    Courage would be standing up to the Republicans (and the bought and paid-for Democrats) and saying that we do NOT need this law and that it would violate our Constitution.

    Folding just so he can be elected ... that's the opposite of courage.

    Take the fight to the Republicans. Explain to the people HOW this bill is needed or NOT needed. No more of the platitude of "fight terrorism".

    1. Re:Deal with it! by Anonymous Coward · · Score: 2, Interesting

      I won't argue their relative strengths as lawyers but Greenwald has been and remains the definitive source in the press/blogs on all things FISA and immunity. The guy is simply superb on this issue and impressively prolific. After reading his material and then reading or listening to the MSM you just want to pull your hair out over what a collection of witless posers most of the talking heads really are.

    2. Re:Deal with it! by sumdumass · · Score: 3, Informative

      Obama's ammunition is that his AG (if Obama is elected) would prosecute

      That actually won't happen. I suggest that you read the extent of the texts in the bill and existing laws. It provide a legal remedy to authenticate whether or not the telecoms where acting in accordance with the law at the time. When the AG takes a case out of a civil court the AG has to certify that it was at their direction and that they presented it as a lawful order. There are no real criminal punishment avenues available if it was. At best, they can go after the people who authorized the taps but not the telecoms who aided once it is demonstrated that they were working under the seemingly lawful orders of the government.

  10. This delays the inevitable by shma · · Score: 5, Interesting

    The only reason we have this delay is because the cloture vote occurred on the eve of a week long holiday. When cloture is invoked, there is a limited amount of time you can delay in the senate before a full vote must be held. When the senate returns it will be forced to vote on this wiretap bill, and unless 51 senators vote against the bill, it will pass. I'd like to believe this is possible, but it really isn't. Telecom immunity is all but guaranteed.

    One additional piece of information: the results of the cloture vote. Look very carefully at the names under "not voting".

    --
    I came here for a good argument
    1. Re:This delays the inevitable by shma · · Score: 2, Informative

      Actually, I was trying to draw attention only to Clinton, McCain and Obama. Byrd has also been hospitalized recently (June 2nd), and may have missed the vote for medical reasons. Although I will note that Byrd was in the senate for a vote on June 12th. The others, though, have no excuse. They are out raising cash for their campaigns (or to pay off debts in Clinton's case) instead of doing their jobs.

      --
      I came here for a good argument
  11. Re:Smash imperialism with world socialist revoluti by I_Voter · · Score: 3, Interesting
    AC wrote:
    Forge a revolutionary workers party

    --------

    Political parties have been effectively outlawed in the U.S. - at least as they are traditionally understood.

    We now lack enforceable party platforms. This weakened the ability of the citizens to make deals between different interest groups in society. IMO: A classic case of "divide and conquer." (the electorate)

    Can You Define What a Political Party is?
    http://tinyurl.com/2g9kc8

    Great Quote from 1927
    "Here in the last generation, a development has taken place which finds an analogy nowhere else. American parties have ceased to be voluntary associations like trade unions or the good government clubs or the churches. They have lost the right freely to determine how candidates shall be nominated and platforms framed, even who shall belong to the party and who shall lead it. The state legislatures have regulated their structure and functions in great detail."
    SOURCE: American Parties and Elections,
    by Edward Sait, Published 1927 (Page 174)
    As found in The tyranny of the two-party system / Lisa Jane Disch c2002

  12. Cowardly, stupid Democrats. by straponego · · Score: 3, Insightful
    Almost every Republican supports this crap, and enough Dems do that their majority is useless. For example, in the House, the R's voted for this bill 188-1. The Dems 100-128. Yet you will notice almost all the comments from people against this bill blame the Dems (because, hey, they have the majority!). And the people who support the bill hate the Dems anyway. So they lose across the board politically... it helps their enemies and it's the wrong thing to do... so why are they doing it? Bribes from telcos? Blackmail from warrantless wiretaps (hey, why do you think so many GOP Congressmen are closeted homosexuals?).

    Anyway, there is a non-partisan way to hit back at these bedwetters. A contribution here http://www.actblue.com/page/fisa will support campaigns against anybody who voted to approve this bill.

  13. Why the Dems Don't Object to Republican Abuses by WmLGann · · Score: 2, Interesting
    The Dems don't actively oppose some of these abuses (e.g. politicizing the intelligence apparatus, politicizing the Justice Dept., rendition, warrantless wiretapping, etc., etc.) because they're looking forward to this coming January, when (odds are) they will have both houses of Congress and the White House in their control. They don't want to legislate away any powers that they might make use of in the coming four (or eight) years. I think our only hope of a restoration of some of our recently abrogated civil rights is if lots of test cases make it to the Supreme Court. SCotUS is now sufficiently conservative, and will be for some time, that maybe they'll start striking down some bad laws just to spite the other two (soon to be Democratic-controlled) branches of government.


    We need more serious political parties, less winner-take-all elections, and more niche representation.

  14. "Recess" Is Their "Constituent Conference" Time by Doc+Ruby · · Score: 2, Informative

    People like to point at all the Congressional "recesses" as vacation time for lazy congressmembers. Some probably do fly on corporate jets to Scotland to play golf with strippers, but most of them spend the time flying back to their home district (or state, for senators) and meet with local people to work on their constituents' issues. Sure, those people are primarily local corporate types and other rich/powerful people who live, work or happen to pass through their home office neighborhood. But they're working, and that's the time they're listening to people outside Washington DC.

    This bill, with its evil FISA telco amnesty in it, is not a sure thing. It was supposed to sail through last year, and this delay marks the third time it's failed to get installed as law. There are many ways it can die in the Senate, which has many rules letting individual senators kill a bill. So this is an excellent time to call, fax, snail mail, and just physically visit a senator, especially if they're yours, to explain how the Fourth of July is a good time for them to decide to defend the Constitution. Almost all of them will be marching in a parade during the holiday as if they're some kind of patriot or something. You can stand along the route with a big sign saying "NO FISA TELCO AMNESTY!", or print out the bill, mingle in the parade and try to hand it to them saying "read it first, then vote against it when you see that FISA telco amnesty ruins the Constitution". Look at their website for their appearance schedule, and make it hard for them to pretend they love our country while they're busy screwing it over.

    Do it while you can, as secretly wiretapping you is only the first step in stealing the rest of your rights.

    You can use Obama's contact form to send a comment asking him to vote against FISA telco amnesty.

    Here's a list of some senators worth calling, because they're not totally in bed with Bush in every way, and so might not go along with this travesty. See if you can talk them, or their staffers, into doing the right thing, or at least not helping do the wrong thing. Remeber, the telcos will also get to hear you, and they should know they're not really getting away with it.

    Bayh (202) 224-5623
    Carper (202) 224-2441
    Obama (202) 224-2854
    Inouye (202) 224-3934
    Johnson (202) 224-5842
    Landrieu (202)224-5824
    McCaskill (202) 224-6154
    Mikulski (202) 224-4654
    Nelson (FL) (202) 224-5274
    Clinton (202) 224-4451
    Nelson (NE) (202) 224-6551
    Pryor (202) 224-2353
    Salazar (202) 224-5852
    Specter (202) 224-4254
    Feinstein (202) 224-3841
    Webb (202) 224-4024
    Warner (202) 224-2023
    Snowe (202) 224-5344
    Collins (202) 224-2523
    Sununu (202) 224-2841
    Stevens (202) 224-3004
    Byrd (202) 224-3954
    Lincoln (202)224-4843
    Reid (202) 224-3542
    Coleman (202) 224-5641
    Durbin (202) 224-2152
    Smith (202) 224-
    Stabenow (202) 224-4822
    Kohl (202) 224-5653
    Leahy (202) 224-4242
    Schumer (202) 224-6542

    --

    --
    make install -not war

  15. I called my Senators! by Rakeris · · Score: 2, Informative

    Not sure about all of you, but I called both my senators. Obama being one of them. To voice my opposition to the bill. Will it do any good? Don't know, but I can honestly say I tried. I hope you all will do the same.

    --
    If brute force isn't working, you are not using enough.
  16. Virginia's Senators' Response by Suicide+Drink · · Score: 2, Informative
    Webb:

    Thank you for contacting my office regarding the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2007 (S. 2248). I appreciate you taking the time to share your thoughts and concerns with me. As you know, the FISA Amendments Act would amend current law by expanding the intelligence community's authority to collect foreign intelligence through electronic means. Having served as U.S. Secretary of the Navy and as Assistant Secretary of Defense, I relied on decades of experience in dealing with national security matters and classified intelligence when I voted in favor of final passage of this bill on February 12, 2008. I also met with a wide variety of people who were both supportive of, and opposed to, these changes. During the Senate debate, I supported a number of amendments that were designed to improve the constitutional protections of our citizens. Further, Senators Russell Feingold, Jon Tester, and I introduced an amendment that would have added additional checks and balances with respect to assessing the appropriate use of surveillance. Unfortunately, this amendment was not passed by the full Senate. After passage of the Senate bill, I sent a letter urging Members who sit on the Senate-House Conference Committee to strike a more appropriate balance between protecting constitutional rights and providing the intelligence community with the tools needed to monitor terrorists. Regarding retroactive immunity for telecommunication companies that participated in the National Security Agency's (NSA) warrantless wiretapping program, I do not support full immunity for companies who aided Government surveillance. I prefer a middle-ground solution that would allow court cases to proceed under appropriate circumstances. For example, I supported an amendment offered by Senators Arlen Specter and Sheldon Whitehouse, which would have allowed the U.S. government to be substituted for telecommunication companies in certain civil actions. I also supported an amendment offered by Senator Dianne Feinstein, which would have allowed the Foreign Intelligence Surveillance Court (FISC) to determine whether telecommunication companies acted in good faith when complying with government surveillance request. If the FISC determined a telecommunication company did not act in good faith, the company would not be immune from consumers' legal actions. As the U.S. Senate continues to debate matters pertaining to electronic surveillance, please be assured I will keep your views in mind.

    Warner:

    Thank you for writing to share your views on surveillance activities conducted by the National Security Agency (NSA) and oversight by the Foreign Intelligence Surveillance CourtAct (FISA) court. I appreciate your thoughtful inquiry. The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework for the federal government to engage in electronic surveillance to obtain foreign intelligence. Under current law, the FISA court, an eleven-member court created by Congress in 1978, reviews government requests to conduct certain domestic surveillance for foreign intelligence purposes. If the court finds probable cause to believe that the target of the proposed surveillance is a foreign power or agent of a foreign power, the court may issue an order authorizing surveillance. As you know, citing his authority under Article II, Section 2 of the Constitution, the President authorized the NSA to collect signals intelligence from communications involving foreign persons who were reasonably believed to be al-Qaida members and who called into the United States or someone in the United States. The President's program was intended to fill a gap in intelligence collection for those calls that were not purely domestic and not purely foreign. On August 17, 2006, a federal district judge ruled court ruling in a lawsuit by the American Civil Liberties Union determined that the NSA surveillance program was unconstitutional and ordered that t

  17. Use this extra time to... by joocemann · · Score: 2, Insightful

    Write your damn representatives and senators. Let them know their job is on the line. People are pretty pissed about this one, we need to stand up and be heard. Write them, protest, march! Lets do this!

  18. Huge Opportunity by erroneus · · Score: 4, Insightful

    I guess I don't have to say this, but I will anyway.

    The point that I find most alarming is that with this thing Bush did, he has made all of our consumer goods and services into something we need to be suspicious or untrusting of. And a point I attempted to make before, this also makes moves in the direction of enlisting all US (and other) providers of goods and services into government espionage programs which makes spies of these people. It is a dangerous and slippery slope short-sighted-Bush has taken us down and it's time to stop the slide before it starts. And YES let the telecoms be sued! They NEED to be sued. The can afford to be sued. And they deserve to be sued! Qwest didn't take the blue pill and the others shouldn't have either. So the issue of right or wrong, or legal or illegal was probably pretty well known by the decision makers when they decided to comply.

    I would go so far as to say not only should they be sued as a company, but the actual decision makers should also be sued personally for the abuse of their company resources for illegal purposes and actually removed from their jobs.

    All of this, of course, hinges on whether or not this immunity bill passes. It should not be allowed to pass. It's among the most dangerous bits of legislation yet.

  19. False by u8i9o0 · · Score: 2, Insightful

    Your position may be true for local operations that very directly affect you, but applied to D.C. it is absolutely false.

    If your work is a shameful disgrace that you don't want people talking about, you do it right before the weekend (ideally after 5PM on a Friday). The reason is two-fold: the reporters that would usually notice these things already left for happy hour and the average citizen pays less attention to politics over the weekend. By the time Monday rolls around, a bunch of other events occurred and the attention is shifted away from that shameful disgrace.

    This is especially true for holiday weekends. Think of it - your attention is focused on the details of that gathering/vacation/whatever and not on some interesting legalese document recorded in the Federal Register that the reporters haven't looked at yet either (since they too are on holiday).

    This technique has worked countless times for the last 7.5 years. And in most cases, almost nobody notices. It's the most practical method of recording a major shift in policy as a minor footnote.

    --
    This is not my sig