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fisa

EFF to court: Don't shield telecoms from illegal-spying suits

The Electronic Frontier Foundation, an advocacy group for Internet users, is expected to argue in court on Tuesday that it's unconstitutional to prevent Americans from suing the telecom companies that allegedly helped the federal government unlawfully spy on them.

The FISA Amendments Act (FAA) gives telecommunications companies retroactive immunity for opening their networks to the National Security Agency. The telecoms can walk away from lawsuits as long as the government claims the request was "lawful" and authorized by the president. Before the law was passed, EFF had brought a lawsuit against AT&T that is before … Read more

Senate endorses retroactive FISA immunity for warrantless wiretapping

The Democratic-controlled Senate handed President Bush a major political victory on Wednesday by voting to derail lawsuits against telecommunications companies that unlawfully opened their networks to the National Security Agency.

Senators voted 69 to 28 for the bill, which would rewrite federal wiretap laws by granting retroactive immunity to telecommunications companies as long as the government claims the request was "lawful" and authorized by the president.

Wednesday's vote followed a last-minute effort by liberal and libertarian activists to convince enough Democrats to kill or modify the bill. DailyKos called the bill "a pardon to Bush"; … Read more

House passes 'compromise' spy law shielding telecoms

The House of Representatives on Friday voted overwhelmingly in favor of a "compromise" spy law that would shield AT&T and other companies from pending lawsuits accusing them of opening their networks to the government in violation of wiretap laws.

The major sticking point in the contentious rewrite of a 1978 electronic-surveillance law known as the Foreign Intelligence Surveillance Act, or FISA, was whether to grant so-called retroactive legal immunity to telephone companies being sued for their participation in the warrantless surveillance program secretly begun by President George W. Bush after the September 11 attacks.

Touted by … Read more

Congress may OK 'compromise' bill to derail spying lawsuits

The U.S. Congress may soon vote on a new "compromise" spy law that would still likely derail pending suits against AT&T and other companies accused of opening their networks to the government in violation of wiretap law.

Democratic leaders, facing intense election year pressure from Republicans and more conservative "Blue Dog" members of their own party, had said they hoped to reach an agreement on a contentious rewrite of a 1978 electronic-surveillance law known as the Foreign Intelligence Surveillance Act, or FISA, before their Memorial Day recess.

That self-imposed deadline passed without action. … Read more

Republicans push for phone company immunity

Republican politicians in the U.S. House of Representatives failed last month to persuade Democratic leaders to back a spy law rewrite that would immunize telecommunications companies that cooperated with allegedly illegal government spying. Now they're trying to force the issue.

On Wednesday, a number of Republican leaders, including Lamar Smith (R-Texas), Peter Hoekstra (R-Mich.) and Peter King (R-N.Y.), began circulating what's known as a "discharge" petition, which they characterized as a "rare step." If they obtain 218 signatures from their colleagues, they say the Democratic leadership will be forced to schedule a … Read more

House votes 213-197 to reject retroactive telecom immunity

The U.S. House of Representatives on Friday narrowly approved an electronic surveillance expansion without immunization for any telecommunications companies that illegally opened their networks to intelligence agencies.

The 213-197 split, with most Democrats voting in favor of the bill (PDF) and most Republicans opposing it, hardly means that the political tussle over retroactive immunity is over. It now shifts to the Senate, where Majority Leader Harry Reid, a Democrat, said he was "encouraged" to see the House vote.

But the primary obstacle remains President Bush, who has threatened a veto. The White House circulated a statement after … Read more

House's surveillance vote moved to Friday

After convening its first "secret" session in 25 years, the U.S. House of Representatives is preparing anew to vote Friday on a contentious rewrite of electronic surveillance law.

Democratic leaders had originally thought they might get to a vote on the bill late Thursday, but a last-minute request from Republican leaders for a closed session of the House delayed those plans. Congress is scheduled to go into a two-week recess after its Friday vote.

In a closed session--only six of which have been held since 1825--only those politicians who swear to an oath of secrecy are allowed … Read more

Inspector general: FBI not embracing privacy safeguards

The FBI has wielded the Patriot Act's extraordinary surveillance powers to unlawfully collect information about American citizens and has resisted some efforts to impose additional privacy safeguards, according to the U.S. Department of Justice's inspector general.

Inspector General Glenn Fine, in a pair of reports released on Thursday reviewing the 2006 calendar year, acknowledged the FBI's top management has been receptive to the points he raised in his first report a year earlier. But he indicated that there was nevertheless resistance to increased oversight and better record-keeping, which would help to prevent further abuses.

The longer … Read more

Democrats plan last-minute FISA vote

Before Congress departs for its spring recess at week's end, the U.S. House of Representatives is trying to squeeze in a vote on what's shaping up as one of the most contentious bills this year.

That proposal, of course, is a Democratic bill that would make a number of changes to electronic surveillance law--but, much to the Bush administration's chagrin, would not grant retroactive immunity to telephone companies embroiled in some 40 lawsuits accusing them of unlawfully opening their networks to National Security Agency spies. In that regard, it's starkly different from the U.S. Senate version of the bill, … Read more

Democrats: Classified documents show telecoms don't deserve immunity

Classified documents and testimony about the National Security Agency's warrantless wiretapping program show that it's not necessary to grant retroactive immunity to telephone companies accused of unlawfully opening their networks to government spies, key congressional Democrats said on Wednesday.

In a five-page statement (PDF), U.S. House of Representatives Judiciary Committee Chairman John Conyers and 18 Democrats on that panel contended the Bush administration has "not established a valid and credible case justifying the extraordinary action of Congress enacting blanket retroactive immunity."

Skepticism about the Bush administration's once-secret eavesdropping program is nothing new for the … Read more