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EFF Sues To Overturn Telecom Immunity

Mike writes "The title says it all — The EFF is suing to have the unconstitutional telecom immunity overturned. 'In a brief filed in the US District Court [PDF] in San Francisco, the EFF argues that the flawed FISA Amendments Act (FAA) violates the federal government's separation of powers as established in the Constitution and robs innocent telecom customers of their rights without due process of law. [...] "We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law," said EFF Senior Staff Attorney Kurt Opsahl. "Intelligence agencies, telecoms, and the Administration want to sweep this case under the rug, but the Constitution won't permit it."'"

27 of 369 comments (clear)

  1. Good luck with that by Weaselmancer · · Score: 5, Insightful

    Intelligence agencies, telecoms, and the Administration want to sweep this case under the rug, but the Constitution won't permit it.

    This administration does what it wants, without repercussions. They've already done several things that go against the Constitution and the Bill of Rights. They don't care, won't care, and have never cared about trifles like the founding documents of the country.

    What will happen? W will claim executive privilege, file papers blocking the motion, then make looking at the papers illegal again citing executive privilege.

    It's Orwellian, but that - or something equally bizarre - is what will happen. Count on it.

    --
    Weaselmancer
    rediculous.
    1. Re:Good luck with that by Anonymous Coward · · Score: 5, Insightful

      If it happens, it happens, but at least they're trying.

    2. Re:Good luck with that by Anonymous Coward · · Score: 5, Insightful

      What makes you think that either side is going to stop unauthorized search/surveillance? Governments aren't well-known for giving up power unless forced into it. The guns are a completely separate issue. The national guard does not fear my shotgun.

    3. Re:Good luck with that by FireStormZ · · Score: 5, Insightful

      Gross oversimplification:

      Both will restrict our rights across huge swaths of areas just in a proportionally different manner. The lesser of two evils increasingly looks like a third party vote or vote one party into the white house and the other into congress in the hopes that they spend more time bickering than doing anything..

      --
      "Ahh! Arrogance and stupidity in the same package, how efficient of you!" --Londo Molari
    4. Re:Good luck with that by Anonymous Coward · · Score: 5, Insightful

      The administration has done only what it has been allowed to do. If nobody stops them there can be no other outcome. It is not the administration that has failed; it is us.

    5. Re:Good luck with that by FireStormZ · · Score: 4, Insightful

      Hillary and the congressional dems who voted for the war and continuing funding can go with him...

      --
      "Ahh! Arrogance and stupidity in the same package, how efficient of you!" --Londo Molari
    6. Re:Good luck with that by cats-paw · · Score: 5, Insightful

      The real tragedy is that our congresscritters are allowing it to happen.

      The republicans are enthusiastic about law and order at the expense of liberty, and the democrats have yet to become vertebrates.

      Separation of powers isn't just a good idea, it's essential to the proper operation of our system.

      --
      Absolute statements are never true
    7. Re:Good luck with that by TheLazySci-FiAuthor · · Score: 5, Insightful

      In a revolution is it better to have guns, or to have the knowledge to make guns?

      Freedom of speech is everything.

    8. Re:Good luck with that by Drakkenmensch · · Score: 3, Insightful

      Doubtful that anything so catastrophic would happen. Even in the unlikely event that President Bush decides to become Emperor George the First, his republican cronies would get the heebie-jeebies so fast that they'd scatter in the cracks like cockroaches, leaving their king to rot. This isn't simple cronyism or mere abuse of power - that's outright high treason, and the hanging noose is going to scare everyone into realizing just how epicly BAD an idea that would be. Then the emperor would be left alone to realize that he's wearing no clothes.

    9. Re:Good luck with that by bbernard · · Score: 5, Insightful

      It does make me wonder...would they not have been better waiting another 3 weeks--or until late January--to bring this suit so W has less, uh, clout with which to sweep this under the rug?

      --
      ----- Connection reset by beer
    10. Re:Good luck with that by snl2587 · · Score: 3, Insightful

      ... or vote one party into the white house and the other into congress in the hopes that they spend more time bickering than doing anything..

      Like how it is now? Yeah, that's working out really well at the moment.

    11. Re:Good luck with that by cawpin · · Score: 4, Insightful

      Wrong. In the end, it comes to force. If you have no arms, they can outlaw what they want. Your freedom of speech is worthless without arms to back it up. The 2nd Amendment is America's 1st freedom.

    12. Re:Good luck with that by Anonymous Coward · · Score: 5, Insightful

      Cthulhu '08. Why vote for a lesser evil?

    13. Re:Good luck with that by R2.0 · · Score: 5, Insightful

      "The national guard does not fear my shotgun."

      Sure about that? If Obama were to order the Army to go in and pacify Central PA, there would at least be desertions and possibly mutiny.

      Or as a friend of mine says, when some smartypants pulls out the "what is your shotgun going to do against a tank?" question:

      "They have to get out to take a piss sooner or later."

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    14. Re:Good luck with that by X0563511 · · Score: 4, Insightful

      Then don't vote for them. Democrats and Republicans are not the only parties, and it really gets me irritated that people (en masse) seem to think they are.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    15. Re:Good luck with that by dwillden · · Score: 5, Insightful

      Having spent the last 15 years in the Army, most of it in the National Guard, I call BS on your claims. I'm not saying someone didn't express such sentiments to him but they are not part of any organized or approved training and or indoctrination.

      I dare say you'll find more gun enthusiasts and 2nd Amendment supporters in the Military than in any other significant grouping of American Citizens gathered from across the nation.

      --
      I'm too lazy to compose a creative sig.
    16. Re:Good luck with that by schwaang · · Score: 5, Insightful

      If Waco or Iraq is any model (*everyone* has an AK), then no, your shotgun isn't going to cut it ever. Your roadside bomb would be a different story. But I'm not going to learn how to make one "just in case".

      The possibility of tyranny, however small, is why we should all support the EFF here. You fight the tyranny *before* it happens, through political means, so that you don't have to use that shotgun.

    17. Re:Good luck with that by vux984 · · Score: 3, Insightful

      Plus they have the religeous fanaticism to stand against an overwhelming force that gives them the totally false hope of defeating us. Any sane group would have given up.

      If they had invaded your country with an overwhelming force, would you have given up?

      It doesn't take religious fanaticism to relentlessly resist an unwanted invader; a strong sense of principles and willingness to fight for them is all it takes. These traits are in ample supply in populations throughout the world.

      Plus they don't have to "defeat you" they just have to sap your will to fight, and your homelands will to fund the fight for perpetuity. Since you have no real stake in being there; you WILL eventually be worn down; you WILL eventually leave.

    18. Re:Good luck with that by Dhalka226 · · Score: 4, Insightful

      You'd think after the whole Bill Clinton impeachment fiasco they'd be dying for some payback. But they didn't go for it. Why?

      Because it backfired. Not only did it not succeed in removing him from office, the majority of Americans found it to be petty. Increasingly so as time wore on. Many Republicans these days will even admit it was a mistake. (Not the talking heads on the radio, to be sure; their job is to rile people up.)

      The article you linked verifies my point (if you actually followed the conclusion). Kucinich introduced articles of impeachment. The Republicans all voted FOR them; they desperately wanted them to come to a vote so that they could paint the Democrats as vindictive morons more concerned with taking their revenge on a president they don't like than governing the nation. Who cast them into oblivion? Democrats. Because they knew it. When the party that SHOULD support something opposes it and the one that should do everything they can to kill it wants it to proceed, you know there's some nasty politics going on. From the Democrats' perspective, it is much more important to get a democratic president elected now than it was to try to impeach Bush then.

      Personally I wish he had been removed from office, because I think Bush has clearly done illegal things that warrant it. I also realize that he would never have been removed; that it would have been an entirely symbolic gesture that would have ground the congress to a halt, further politicized the nation and even introduced renewed uncertainty into the outcome of this presidential election. Symbols can be important, but I tend to prefer results.

      Dick Cheney can shoot someone in the face, and what happens? The victim goes on TV and makes a public apology. For being shot in the face.

      Sorry, but that is one of the stupidest things I have ever read on Slashdot.

      If I went hunting with somebody I had been friends with for years and got shot in the face, I damn sure wouldn't assume it was malice on my friend's part. And if some asshats tried to make political hay out of it as if it was somehow anything more than an accident, I too would defend my friend. It has nothing to do with being terrified of him or his "boss," it has to do with not being a shitty friend.

      He SHOULD feel bad that the accident that he obviously thinks nothing of turned into some sort of controversy and maligned his friend, and if he felt that calling a press conference to tell people to shut up about it would help in the least he's right to do it. I would. If you wouldn't, well, I certainly wouldn't want to be your friend.

      There are plenty of problems with Bush, Cheney, Republicans and even government in general. Let's focus on them instead of trying to invent more on stupid bases.

    19. Re:Good luck with that by rhathar · · Score: 4, Insightful

      The same would have been said for segregation, women's suffrage and other civil rights, back in the day.

      --
      http://www.chaotickingdoms.com
  2. The problem isn't George W Bush by MobyDisk · · Score: 5, Insightful

    The problem is 49% of Americans don't understand what we fought for in the revolution, or in the World Wars. They thing that "fighting for freedom" means going to another country. They think freedom means more TV channels. They think it is okay for the government to ignore the constitution if there is a 1 in a billion chance it will stop another 9/11.

    "The price of freedom is eternal vigilance"
    (Unknown - attributed to Thomas Jefferson)

    1. Re:The problem isn't George W Bush by hansamurai · · Score: 4, Insightful

      49%? That's a great overestimate. I'd put it more around 4.9% of American understand those concepts.

    2. Re:The problem isn't George W Bush by moderatorrater · · Score: 3, Insightful
      I disagree. Most people have nothing to hide. Most people aren't paranoid and believe that if things got too bad, then they would be able to reign them in, whether through voting or through revolution. They also believe that this administration has gone too far, with ridiculously low approval ratings.

      The problem is 49% of Americans don't understand what we fought for in the revolution, or in the World Wars. They thing that "fighting for freedom" means going to another country

      In the world wars fighting for freedom DID mean going to other countries.

      "The price of freedom is eternal vigilance" (Unknown - attributed to Thomas Jefferson)

      That could just as well apply to vigilance against tyrants and oppressors in other countries.

      My point is that your post marginalizes other people and paints them as ignorant rather than admitting that it's a difference of opinion. For liberals, the platform that they stand on is freedom of choosing your own moral standard and the freedom to live without fear of being left in an impossible situation. For conservatives, they strive for the freedom to do what they want with their own money and the freedom to govern themselves on a more granular level. If an individual state wants to institute welfare, that's fine, just don't force me and my state into it. If my state wants to ban abortion, what's it to your state? You don't believe it's murder, we do. If you believe that an unborn baby is still a human being, then allowing abortions is roughly equivalent to allowing a mother to kill her children whenever she wants.

  3. Bingo! by snspdaarf · · Score: 5, Insightful

    Without a suit being filed, unconstitutional laws get to stay on the books, and they get enforced.

    --
    Why, without your clothes, you're naked, Miss Dudley!
  4. Then you must not be able to count past 3.... by Anonymous Coward · · Score: 3, Insightful

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    - from the American Bill Of Rights

    I live in Canada. Why do I know your constitution better than you?

  5. Re:Noob questions by corsec67 · · Score: 4, Insightful

    If the telcos didn't do anything illegal,...

    Why do they want immunity? Why object to this case?

    --
    If I have nothing to hide, don't search me
  6. Re:Good luck with that (I say bullshit) by quaero_notitia · · Score: 3, Insightful

    Quis custodiet ipsos custodes?

    From Wikipedia: "The essential problem was posed by Plato in the Republic, his work on government and morality. The perfect society as described by Socrates, the main character of the work (see Socratic dialogue), relies on laborers, slaves and tradesmen. The guardian class is to protect the city. The question is put to Socrates, "Who will guard the guardians?" or, "Who will protect us against the protectors?" Plato's answer to this is that they will guard themselves against themselves. We must tell the guardians a "noble lie." The noble lie will inform them that they are better than those they serve and it is therefore their responsibility to guard and protect those lesser than themselves. We will instill in them a distaste for power or privilege; they will rule because they believe it right, not because they desire it."

    Having moved back into civilian life, I realize that our country's founding fathers knew their shit. While a few are disillusioned, most learn soon enough.

    --
    -- Wondering how long until the internet becomes fully corporatist, like television.