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."'"

Comments

Good luck with that

[Weaselmancer]

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.

Re:Good luck with that

[Anonymous Coward]

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

Re:Good luck with that

[Anonymous Coward]

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.

Re:Good luck with that

[FireStormZ]

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..

Re:Good luck with that

[Anonymous Coward]

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.

Re:Good luck with that

[cats-paw]

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.

Re:Good luck with that

[TheLazySci-FiAuthor]

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

Freedom of speech is everything.

Re:Good luck with that

[bbernard]

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?

Re:Good luck with that

[Anonymous Coward]

Cthulhu '08. Why vote for a lesser evil?

Re:Good luck with that

[R2.0]

"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."

Re:Good luck with that

[dwillden]

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.

Re:Good luck with that

[schwaang]

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.

The problem isn't George W Bush

[MobyDisk]

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)

Bingo!

[snspdaarf]

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