Telecom Amnesty Opponents Back New Amendment
I Don't Believe in Imaginary Property writes "With the telecoms all but assured of amnesty for their participation in illegal spying, there's now one last amendment in their way — the Bingaman amendment. Because President Bush is unwilling to sign FISA reform without immunity, and because Blue Dog Democrats fear for their reelection unless FISA reform as a whole passes, most compromise positions are already off the table. So the new amendment seeks to sidestep part of the problem by moving it to a later date. It would put the court cases and amnesty provision on hold until a report is completed detailing exactly what happened, allowing Congress to consider denying amnesty at that time. There's an EFF campaign to support both this and the Dodd-Feingold amendment, which would strip immunity altogether."
France. The government there is afraid of its people. There was a recent slashdot story that illustrated how real lobbying in france is done by public, not corporations: http://tech.slashdot.org/article.pl?sid=08/07/03/2156204&from=rss
The government isn't above the law. Just because you did something illegal at the request of our government doesn't make it ok.
They should be prosecuted (along with Bush and crooks) to the fullest extent of the law.
So I was browsing Wikipedia and came across the following definition for "fascism":
Fascism may be defined as a form of political behavior marked by obsessive preoccupation with community decline, humiliation, or victim-hood and by compensatory cults of unity, energy, and purity, in which a mass-based party of committed nationalist militants, working in uneasy but effective collaboration with traditional elites, abandons democratic liberties and pursues with redemptive violence and without ethical or legal restraints goals of internal cleansing and external expansion.
Hm. Committed nationalist militants working in collaboration with "traditional elites", such as large telcos.
Discuss.
The government did only request they comply. Some companies refused.
But even if the government ordered them to, so what?
If a policeman ordered you to rob a bank, do you think you deserve amnesty? It's against the law no matter who tells you to do it.
Can't we just make it so if their popularity goes below a certain amount that an ejection seat in congress launches them somewhere out over the Atlantic?
An Education is the Font of All Liberty
The UN is nothing but the sum of its members.
And the US have been largely responsible for castrating it. Look at the use of veto in the UNSC in the past 30 years. Even USSR did not fuck it up that much.
I advocate mid-term votes on each of your congresscritters, with ballots such as that below (for each):
I think congressperson X:
Get the people really involved!
Of course. Any action forced at gunpoint - or other threat of punishment from a force-wielding body - should be granted amnesty.
Then the telcos don't have anything to worry about when they plead their case in front of a court of law.
Like I said, if it was a request then I could understand not granting immunity. If it was demanded by the government, then it would be justifiable to grant them immunity. Of course the government is above the law, but companies should not be punished for government crimes.
No, the Government is not above the law. Please do not stop in the Bush droppings.
Like I said, if it was a request then I could understand not granting immunity. If it was demanded by the government, then it would be justifiable to grant them immunity.
I thought we discussed this the last ten times this came up? Complying with an illegal order is itself an illegal act. It doesn't matter if you are a soldier or operating a telecom. If your CO orders you to commit rape, and you do it, you are committing an illegal act. If your government orders to to execute an illegal wiretap, and you do it, you are committing an illegal act. See how that works?
The only way this is NOT true is if they actually pass a law that says you can be wiretapped without a warrant; THEN and ONLY THEN is it legal. It might be argued that some laws already passed give the government the right to tap any and all communications during an undeclared state of emergency or something; that is a valid legal defense if it turns out to be true. But NOTHING repeat NOTHING excuses complying with an illegal order. Well, except congressional action of course...
Of course the government is above the law, but companies should not be punished for government crimes.
WHAT?
WHAT?!>?! (emphasis, you know)
The government is most certainly not above the law. YOU ARE THE GOVERNMENT. Or more to the point, it is made up of individuals who can be hauled into court.
Above the law? What the hell is wrong with you?
Were you paid to say this, or are you just brainwashed?
I say this to people occasionally, but people like you really ARE the problem with America today. "The government did it, so it must be okay!" Are you REALLY that deluded?
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Not true. Google "Nacchio" "Qwest" and "jail." The fact is that Quest's refusal made Nacchio a target for political prosecution at the ham-hands of Bush/Gonzoles' Do"J."
Eloi are stupid, throw morlocks at them!
Can't we just make it so if their popularity goes below a certain amount that an ejection seat in congress launches them somewhere out over the Atlantic?
Well as soon as that happened, in the very next poll everyone would express disapproval of their representatives, not because they actually disapproved but simply to see the spectacle of a few hundred politicians launched out of the capitol into the ocean.
The next batch of politicians that are elected would, too, find themselves immediately disapproved of and launched into the ocean.
Soon, due to the power vacuum, it would be necessary to hold elections every day, as on the start of the next day they'd all be launched into the ocean. Crowds would form around the Capitol Building and it would be D.C.'s top tourist attraction.
Pretty quickly the Capitol Building would become known as the Politician Suicide Booth, and the country would soon be rid of all politicians crazy enough to actually seek election, and the seats would remain empty.
So yeah, this is pretty much the perfect idea. We can call it the Linzeal Solution if you want.
The enemies of Democracy are
If you have been paying attention you would know that the documents the telecoms need to show their actions were legal have been classified by the Bush administration as national security secretes.
That places the Telecoms in a position that they can't defend without breaking an entirely different law and the courts seeing the suits don't have the authority to grant immunity from prosecution which carries prison time. The administration went to court and explained this claiming that the documents were national security secrets which historically have caused the cases to be dismissed. A judge in CA said it wasn't good enough and the public had a right to see the contents of the orders. The administration has refused to declassify the documents because it would place national security at risk. It might be prudent to suggest that he is more likely protecting activities that might have been illegal and it has been claimed that the telecom suits were only an attempt at learning about those activities but all we have is face value in the reasoning stated at the moment.
In the end, we have an organization that isn't a government entity but works closely with the government in many aspects who isn't allowed a fair trial by default. It violates on the basic tenent of our legal system and people seem to be able to over look that if it allows them to get what they see as the bad guy. In this case, the bad guy is Bush and anyone he may have used in his actions.
If you look at the so called immunity bill, it doesn't actually provide immunity. It provides a means for the administration to certify if it presented orders or not and if they were legal or not. If they were legal and there was a court order, the case automatically gets dismissed. If they weren't followed through on or if they relied on the AG's authorizations, then it goes to a special court of abuse to determine if the government actually presented a legal looking document. If that is true, then the case get's dismissed. Under FISA, provisions allowed the AG to present authorizations without a court order given that one would be sought. It really isn't the Telecoms' fault if that follow through was never implemented because the follow through is after the fact.
Anyways, don't take this as some form of rebuttal. It isn't. It is a description of the events leading to the current situation which on itself leads to a little different light. The laws in place at the time provided a complete defense for the telecoms if they were presented with authentic authorization even if they weren't legal. This is mostely why a lot of the democrats are breaking ranks and voting for the immunity. Look at the bill itself. I have to link that way because the links won't stay valid for long. Select the 1st entry then scroll down to the title II protections. Notice how it provides for the AG to certify it's actions without divulging information the would be considered top secrete or a national security "state secrete".