Ruling: Telcoms Not Liable for ‘Illegal Spying’


A good ruling holding the Telecom companies harmless

Looks like the anti-Bushies lost another one this week when lawsuits against telecommunications companies claiming that they assisted the Bush administration in “illegally spying on Americans” were dismissed in San Francisco.

Federal district judge Vaughn Walker ruled that Congress didn’t violate the Constitution by allowing the U.S. attorney-general to “certify privately to the court that the companies had been asked to co-operate in an antiterrorism programme authorised by the president.” Vaughn cited a law that retroactively gave the telecoms immunity.

“Congress has manifested its unequivocal intention to create an immunity that will shield the telecommunications company defendants from liability in these actions,” Mr Walker wrote. He added that Congress did not go too far in delegating authority to the executive branch, although he said that matter was “a close question.”

This is good news for the ability of the government to safeguard our nation in a time of international terrorism. After all, if everyone in the country has to refuse to work with our own government on security matter for fear of being sued by Americans foolishly sympathetic to our enemies, then how exactly can we expect the government to in any way keep us safe?

Now, the actions of the government itself is certainly open for debate, even lawsuits, but we are braiding our own noose if we so frighten the private sector away from assisting the government that they refuse to do anything at all in cooperation.

This is a good ruling. Let’s hope it stands.


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14 Comments Leave a comment

Disagree

mallcopsaysno Thursday, June 4th at 3:39PM EST (link)

UnConstitutional searches and seizure are not legal in this land for a reason. Spying via telecoms in the absent of warrants or probable cause is illegal. Even if big daddy government has really good intentions. Even if big daddy government doesn’t really like me. I don’t want to be looking over my back every time I speak out against the actions of that bloated mess that is the federal government.

We on the right have already seen how quickly elements in this current administration moved to label us terrorists. And once they label you a terrorist, guess what? You don’t get to enjoy the protections of the Constitution anymore. Or so this ruling would imply.

This is a disgraceful ruling as any lover of freedom will tell you. May it be overturned soon.

Try reading the Constitution

Neil Stevens (Diary) Thursday, June 4th at 3:41PM EST (link)

I’m not sure if you have, but I have. It doesn’t say what you think it says.

So your whole comment is pretty much entirely wrong and silly.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
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“I rejoice that America has resisted.” – William Pitt, the Elder

I fear, Neil, that we're really going to regret

Achance (Diary) Thursday, June 4th at 3:56PM EST (link)

the powers that we were comfortable with GWB wielding now being in the hands of a gang of communist thugs. I used to have a sign over my desk that said, “Remember, when the enemy is in range, so are you.” Republicans haven’t been in power enough to have internalized the lesson that you should always think about what the other guy might do with the new toy you want to have, e.g., “the Constitutional solution” and a bunch of other cute tricks.

In Vino Veritas

History will record that failure to recognize this maxim was GWB's greatest failure

civil truth (Diary) Thursday, June 4th at 4:07PM EST (link)

Especially with his response to the credit crisis with TARP and rescuing the auto companies. The powers that Treasury were given are now being used to destroy free-enterprise and to justify increasing government control over businesses and economic activity by our corporatist brownshirts in the Executive Branch.

Though the surveillance measure GWB put in place may also be used against us. As we read of efforts to further increase government surveillance of speech and activities, at the corporate and internet levels, we are headed in a most dangerous direction.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

I just got my "Transportation Worker Identification Credential"

Achance (Diary) Thursday, June 4th at 4:16PM EST (link)

(TWIC) from DHS. Since I’m a licensed mariner, I have to have one and I have to have an additional background check from the one I had to have to get the license. All so I can drive a 30 foot boat and haul a few passengers sometimes in areas that DHS has concluded should be secured, like docks, harbors, and in the vicinity of big boats.

Just like the old saw about when guns are outlawed, only outlaws will have guns, the people who want to do harm in places like these will just blast past the TSA drones and blow stuff up without having TWIC cards.

In Vino Veritas

 

Do you really think that whether or not GWB did anything

Tbone (Diary) Thursday, June 4th at 4:19PM EST (link)

that it would make a difference to the thugs in control now? Blaming Bush for Obama’s abuse and expansion of power is foolish.

Envisioning when all that is Left is the Right.

GWB is not responsible for Obama's actions

civil truth (Diary) Thursday, June 4th at 4:22PM EST (link)

…but he is culpable for opening the door (and in the process neutering Republican opposition) and is culpable for not recognizing what Obama’s agenda and what he would do with those powers.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

All this stuff GWB did after Nov. 2008,

Tbone (Diary) Thursday, June 4th at 7:21PM EST (link)

or is he psychic?

Envisioning when all that is Left is the Right.

Not the original TARP bill, which was in October

civil truth (Diary) Thursday, June 4th at 8:26PM EST (link)

…but the various implementation decisions by his Treasury secretary, the decision to rescue GM and Chrysler rather than let them go Chapter 11 (which would have kept both companies private and save billiions of taxpayer dollars) – all that was after election day.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 
 
 

Not blaming, just lamenting.

Achance (Diary) Thursday, June 4th at 4:23PM EST (link)

You just have to always consider what a bad guy would do with something you might want. I was comfortable for the most part, some of the competence issues bothered me, with the Bush Administration exercising powers that cut straight at the limits of Constitutional permissibility. I’m not at all comforable with these thugs having that kind of power. And the moral of that story is maybe we shouldn’t have let GWB have such power either.

In Vino Veritas

 
 
 

Not in this case

Neil Stevens (Diary) Thursday, June 4th at 4:16PM EST (link)

Wiretapping phone calls with terrorists in foreign countries?

Even if we get loose on the definition of terrorists, I can’t imagine treating international phone calls as inviolable.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
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No, I'm not so troubled by this one.

Achance (Diary) Thursday, June 4th at 4:20PM EST (link)

I’m one of those neanderthals that believes Constitutional rights pretty stop at the border.

In Vino Veritas

 
 
 
 
 

Who is this judge

seanneal Thursday, June 4th at 8:20PM EST (link)

“Programme”? “Authorised”? Do we have a Canadian on the bench of San Francisco’s Federal district court?

The report

Warner Todd Huston (Diary) Thursday, June 4th at 9:59PM EST (link)

The report I quoted was from an British paper.

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