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US Supreme Court Says Wiretapping Immunity Will Stand

wiredmikey writes "The U.S. Supreme Court said this week it will let stand an immunity law on wiretapping viewed by government as a useful anti-terror tool but criticized by privacy advocates. The top U.S. court declined to review a December 2011 appeals court decision that rejected a lawsuit against AT&T for helping the NSA monitor its customers' phone calls and Internet traffic. Plaintiffs argue that the law allows the executive branch to conduct 'warrantless and suspicionless domestic surveillance' without fear of review by the courts and at the sole discretion of the attorney general. The Obama administration has argued to keep the immunity law in place, saying it would imperil national security to end such cooperation between the intelligence agencies and telecom companies. The Supreme Court is set to hear a separate case later this month in which civil liberties' group are suing NSA officials for authorizing unconstitutional wiretapping."

27 of 203 comments (clear)

  1. "Justce is blind." by Anonymous Coward · · Score: 3, Insightful

    To the law.

  2. ...interesting. Hope it becomes an election issue. by Penguinisto · · Score: 3, Interesting

    Seriously - I'd love to see both candidates try and wriggle out of owning that one in the upcoming debates, since both are (by now) equally culpable.

    Too bad there isn't a moderator with sufficient testicular fortitude to hold their feet to that particular fire...

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  3. Re:...interesting. Hope it becomes an election iss by davydagger · · Score: 5, Insightful

    I've been saying this for years, the REAL issues aren't brought up in the debates.

    They are queitly mumbled under the breath of canidates, and dissenters are put on "lists", and harrassed.

  4. so, basically they are saying... by wierd_w · · Score: 5, Insightful

    So essentially, they have openly stated that because the practice is useful to the government ut should not be subjected to judiciary review, despite clear concerns from privacy advocates, and seemingly legitimate legal challenges to the validity of the practice?

    Since when did the judiciary stop doing its job and become rubber stampers?

    1. Re:so, basically they are saying... by Anonymous Coward · · Score: 5, Informative

      Not really. Denying a petition doesn't mean the SCOTUS agrees with the lower decision just that the Court won't hear the case for whatever reason. It doesn't have to say why. Here, likely, the Court thought the issue would be settled in the other case it did take and that the two cases weren't close enough to combine. Basically, decide the NSA case. If NSA can't authorize then AT&T can't comply. It's a waterfall decision so there is no reason to hear both.

    2. Re:so, basically they are saying... by Anonymous Coward · · Score: 5, Insightful

      The Spanish Inquisition was also useful in preventing the spread of heretical doctrines. Doesn't mean it was a good idea.

    3. Re:so, basically they are saying... by magarity · · Score: 3, Insightful

      So essentially, they have openly stated that because the practice is useful to the government ut should not be subjected to judiciary review, despite clear concerns from privacy advocates, and seemingly legitimate legal challenges to the validity of the practice?

      At issue isn't the wiretaps themselves are kosher but whether you can punish the telecom for doing what the people at whatever government agency ordered them to do. This is pitting the telecoms and the people against each other while the real culprit, the government agents, just snicker. The entire private sector needs to take up the protest together.

  5. Re:...interesting. Hope it becomes an election iss by MyFirstNameIsPaul · · Score: 4, Insightful

    ... and dissenters are put on "lists", and harrassed.

    Or worse.

    --

    I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

  6. James Madison said it best. by SirAstral · · Score: 5, Insightful

    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.
              Of all the enemies to public liberty, war is perhaps the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.
              The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad.
    â" James Madison (father of the US Constitution)

    1. Re:James Madison said it best. by Anonymous Coward · · Score: 3, Informative

      Well Spoken! Also said by Cicero over 2000 years ago "Laws are silent in times of war".

    2. Re:James Madison said it best. by fustakrakich · · Score: 5, Informative

      "This and no other is the root from which a tyrant springs; when he first appears he is a protector." - Plato

      There is nothing new in this world.

      --
      “He’s not deformed, he’s just drunk!”
  7. SCOTUS by Jeremiah+Cornelius · · Score: 5, Insightful

    "Breaking the Law is useful in enforcing the Law that is illegal under the foundation of Law."

    Wonderful little police state you got there.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:SCOTUS by sumdumass · · Score: 5, Insightful

      I think it's bad when either break the law. However, I consider it a lot more egregious when the government breaks the law because they are the ones who made the law and enforce it. I'm not fond of a do as I say not as I do mentality.

    2. Re:SCOTUS by trout007 · · Score: 3, Interesting

      The supreme court is like having the referees of a game be an employee of one team. Most trials that go to the supreme court are individuals vs the government. And which side do you think the court sides with?

      I think we need a rule change. Make it like a criminal trial. In order for the government to win they need to get all 9 votes. One no and the government loses.

      --
      I love Jesus, except for his foreign policy.
    3. Re:SCOTUS by Anonymous Coward · · Score: 5, Insightful

      And therein lies the problem. The US government derives its power from its people. Well, it's supposed to anyway. To quote the film entitled "V For Vendetta":

      People should not be afraid of their governments.

      Governments should be afraid of their people.

      While a radical viewpoint, it is in essence what the "founding fathers" intended in writing the Constitution of the United States of America: the government exists solely for its people, but it would not exist without their consent. The government is supposed to be limited by its people. Sadly, this has not been the case. Laws are passed that grant power to the government with too few of its people ever knowing about it until it is already done. And as long as it isn't unconstitutional, the Supreme Court technically does not need to say that it should not be passed. In other words, it works to the benefit of the government, not the benefit of its people. I love this police state...erm...country (NOT).

    4. Re:SCOTUS by Genda · · Score: 5, Insightful

      You sir are mistaken. You're correct in your statement that the purpose of the government is to serve "The People". Your mistake is presuming you are one of "Those People". "The People" in question have the wealth and power to pay for this government which protects their interests with incredible force and velocity. You may have at one time been one of "The People", but that time has pretty much passed and the only way I can see fit now to drag this festering dung heap back to something even vaguely resembling the intent of the founding fathers, would be to;

      1. Eliminate both offending parties and their minions.
      2. Eliminate the Federal Reserve Bank.
      3. Tell the monied interests of England and its hegemony to eat feces and die.
      4. Separate Corporation and State.
      5. Reenact Glass-Steagall.
      6. Enforce the separation of Church and State.
      7. Reconstitute government checks and balances.
      8. Prune the Executive Branch right back to the President's eyebrows.
      9. Take the profit motive out of government, and teach our children why its important that they do a hitch as a representative.
      10. Bury the military industrial complex, it is a dead end and threatens the integrity of the future of the human race.
      11. Pay whistle blowers and celebrate them as heroes.

      Sorry if I missed anything, I realize this is at best a pipe dream, but a person can dream. We are quick running out of time to take back what is rightfully ours. I'm certain y'all have your own to-do lists. I don't see this as a conservative/liberal problem. I see this as a problem between a vanishingly small plutocracy and the rest of humanity. These are not wise people and they are making knee-jerk decisions that start with culling the herd. I'm not volunteering for a species wide down sizing thanks. /p

  8. Re:...interesting. Hope it becomes an election iss by bjwest · · Score: 5, Insightful

    Why would it come up in the debates when both parties feel they have the right to warrantless wiretapping. Kinda hard to debate something when there's no difference in viewpoint.

    --

    --- Keep the choice with the user..
  9. Obama's kind of been a dick about this by HeckRuler · · Score: 3, Interesting

    As much as I like the guy, this would be the thing that would get me to vote against him. If the opposing candidate promised justice in this case, that would be a really REALLY good sign.

    1. Re:Obama's kind of been a dick about this by bmo · · Score: 3, Insightful

      Romney is even more authoritarian.

      Unfortunately, in a two party system, you are bound to pick the lesser of two evils, and a vote for a third party is a vote for the incumbent.

      In b4 shitstorm of people who don't know how the system is deliberately broken.

      --
      BMO

    2. Re:Obama's kind of been a dick about this by Mitreya · · Score: 5, Informative

      If the opposing candidate promised justice in this case, that would be a really REALLY good sign.

      How would that be a good sign?
      Obama swore (pre-election) that he would veto any bill that gave retroactive immunity to telcoms. The fact that he lied was a big disappointment.

      With Romney, I KNOW he won't hold to that promise even if he makes it.

    3. Re:Obama's kind of been a dick about this by meglon · · Score: 3, Informative

      Obama swore (pre-election) that he would veto any bill that gave retroactive immunity to telcoms. The fact that he lied was a big disappointment.

      He never had the chance to..... signed into law by bush.

      https://www.eff.org/press/archives/2008/07/09

      Two things should be pointed out: Obama voted for this bill, and all of the "nay" votes were democrats.

      http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00168

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    4. Re:Obama's kind of been a dick about this by Bigby · · Score: 5, Insightful

      First, a vote for 3rd party is not a vote for the incumbent.
      Second, even along that line of thought, it is only a half vote for the one opposite who you would have voted for.
      Third, it is not a wasted vote when voting against the ruining of the country.

      A vote for Obama or Mitt is VERY VERY BAD for this country. Like 50 years from now people will be looking in their history books studying why people were so stupid.

    5. Re:Obama's kind of been a dick about this by bmo · · Score: 3, Informative

      >. Coming from a parliamentary system I have seen grassroot parties grow from nothing to destroy the establishment.

      The US government is not a parliamentary system where various parties can form coalitions and whatnot. There is no such thing as a "minority government" in the US legislature.

      --
      BMO

  10. Re:...interesting. Hope it becomes an election iss by interkin3tic · · Score: 3, Insightful

    You would? I think it's pretty obvious how it would go. If the moderator asked about it, Obama or Romney would make the same argument the administration made already. And the voters would continue to ignore the loss of civil rights. If pressed further, feet held to the fire as it were, they would repeat the argument the administration already made and the voters would continue to ignore the loss of civil rights. The media and voters would wonder what the stick up the moderator's butt was. The line "If you aren't doing anything wrong, then you don't need to hide" would be brought up in some form or another, and the two would pat themselves on the back for wisely not caring about wiretapping when there are terrorists out there.

    The voters swallowed the fear mongering from politicians, pundits, and people selling books and articles on how the world is out to get you. They cowered in fear and offered their rights up to a police state as payment for perceived security. Both parties are guilty, but they're giving the customers what they want. There's not a politician alive of any party who could get through to the voters and get them to stop sacrificing their rights in exchange for security. Ben Franklin would be completely ignored by the media today, aside from being the occasional punchline.

  11. Require a damn warrant !!!! by NinjaTekNeeks · · Score: 3, Insightful

    What the hell is wrong with the Judiciary? Why not require a warrant like any other search, because it's digital? If it REALLY is a matter of national security a judge would sign a warrant in a second. This whole thing is just horse shit so the NSA can spend billions of tax dollars spying on its OWN citizens because they have been grasping at straws in the war against terror, which frankly has accomplished jack shit in my opinion.

    Imagine if we took 100% of the NSA dollars and spent it on teachers and education, science programs, social programs like healthcare, college tuition forgiveness and urban development..... ahh to dream, guess I won't be using ATT anytime soon.

  12. Re:They're real to us. by scot4875 · · Score: 5, Insightful

    Maher is a comedian. Kind of like Jon Stewart, except with less rigorous fact-checking. Their audiences know this.

    Limbaugh is also a comedian. The difference is, neither he nor his audience know it.

    --Jeremy

    --
    Jesus was a liberal
  13. Re:...interesting. Hope it becomes an election iss by Githaron · · Score: 5, Interesting

    We need more parties in the debates, the questions need to be tougher, and the debates should be on three times a week for a month so they can get into the nitty-gritty details of their policies.