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New "JUSTICE" Act Could Roll Back Telecom Immunity
Asmodae writes to tell us about a bill proposed in Congress that could roll back telecom retroactive immunity along with adding other privacy safeguards. The "Judicious Use of Surveillance Tools in Counter-Terrorism Efforts" (JUSTICE) Act advocates the "least intrusive means" of information collection and imposes many limitations on the process. "One of the most significant aspects of the JUSTICE Act is that it will remove the retroactive immunity grants that were given to the telecom companies that participated in the NSA warrantless surveillance program. The companies that cooperated with the surveillance program likely violated several laws, including section 222 of the Communications Act, which prohibits disclosure of network customer information. The immunity grants have prevented the telecommunications companies that voluntarily participated in this program from being held accountable in court."
They seem to be some of the good guys, but they didn't find a republic to co-sign the bill, so this has little chance to go anywhere.
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It's insane to blame Republicans for not being able to pass a bill when the Democrats have a filibuster proof majority, AND a Democrat in the white house!
Republicans might help but if it does not pass it's just as much on the Democrats as the Republicans.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
The executive branch *does* have the power to break the law.
So do I.
So do you.
I think what you meant is that they are not exempt from observing it.
Sometimes the executive branch argues that a specific law allows an exemption for their actions.
That argument is either supported or not, before the fact or after.
Reasonable people can disagree about whether or not emergent circumstances justify an exemption.
In the face of an actual terrorist threat - say, a confirmed dirty bomb in a populated area - it would be perfectly reasonable to most people to take extreme actions to prevent catastrophe.
In such a case, I can readily see where laws against torture and mayhem would be determined by a jury to be not applicable in those specific circumstances.
It's risky to rely on jury nullification though, and that's way those in power try to bolster their case through legal gymnastics so they don't have to roll those dice.