FISA amendments vote on July 8: dump telecom retroactive immunity!!

As you know, we've been following the FISA and telecom immunity debate for some time. It's a particularly hot topic in this political season and the House just passed a compromise (compromised?) version of the FISA reform bill that would give telecom companies immunity from prosecution for their complicity and cooperation with the Bush Administration with its efforts to bolster intelligence gathering and surveillance without going through the FISA courts as the law states that they should.

Senator Barack Obama has gotten in a lot of hot water recently from his own supporters when he decided to support the current version of the bill which includes telecom immunity -- after he had said he would not support telecom immunity and *would* support a filibuster if immunity was included. And today, Nancy Soderberg, former deputy national security advisor and an ambassador to the United Nations in the Clinton administration, wrote an Op-Ed in the Los Angeles Times defending the FISA bill and telecom amnesty -- calling it a "good-enough spy law."

The odd thing about Soderberg's piece is that she admits that the administration's end-run around FISA WAS NOT LAWFUL. But she still thinks the telecom companies should be protected from law suits because they "are not the ones to blame for that abuse of presidential power." Huh? I just don't get this line of reasoning at all. Protecting these companies from litigation falls under one of the 14 points of fascism defined by Laurence Britt ("Corporate Power is Protected"). Is this what this country has become?

Glenn Greenwald, one of the best and most thorough journalists working today, has nailed this one in his Salon.com piece, "The political establishment and telecom immunity -- why it matters":

Contrary to what the Nancy Soderbergs of the world want people to believe, these laws enacted by the American people in order to prevent spying abuses weren't only directed at the Government but specifically at the telecom industry as well. The whole point was to compel telecoms by force of law to refuse illegal Government "orders" to allow spying on their customers. That's why Qwest and others refused to "comply", but the telecoms that were hungry for extremely lucrative government contracts agreed to break the law. They did it because, motivated by profit, they chose to, not because they were compelled. Breaking the law on purpose and then profiting from the lawbreaking is classic criminal behavior. The conduct which those laws were designed to make illegal -- and which they unambiguously outlawed -- is exactly what the telecoms did here.

I urge everyone to contact your Senators and tell them to reject telecom immunity in HR6304 FISA Amendments Act of 2008 and to support the Dodd-Feingold-Leahy amendment (S.A.5064) to be voted on on Tuesday, July 8th that will strip out telecom immunity.

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Senator Chris Dodd on FISA

Senator Chris Dodd, one of the co-authors of the amendment to strip out telecom retroactive immunity, says it all.

"Under the legislation before us, the district court would simply decide whether or not the telecommunication companies received documentation stating that the President authorized the program and that there had been some sort of determination that it was legal.

"But, as the Intelligence Committee has already made clear, we already KNOW that this happened.

"We already KNOW that the companies received some form of documentation, with some sort of legal determination.

"But that’s not the question. The question is not whether these companies received a “document” from the White House. The question is, “were their actions legal?” It’s rather straightforward—surprisingly uncomplicated.

"Either the companies were presented with a warrant, or they weren’t. Either the companies and the President acted outside of the rule of law, or they followed it. Either the underlying program was legal or it wasn’t.

"Because of this legislation, none of the questions will be answered, Mr. President. Because of this so-called “compromise,” the judge’s hands will be tied, and the outcome of these cases will be predetermined. Because of this compromise, retroactive immunity will be granted and that, as they say, will be that. Case closed.

"No court will rule on the legality of the telecommunications companies activities in participating in the president’s warrantless wiretapping program.

"None of our fellow Americans will have their day in court.

"What they will have is a government that has sanctioned lawlessness.

"Well, I refuse to accept that, Mr. President. I refuse to accept the argument that because this situation is just too delicate, too complicated, that this body is simply going to go ahead and sanction lawlessness.

"We are better than that."

Senator Christopher Dodd, D-CT, on the Senate floor, June 24, 2008. [Link to complete text of Dodd speech.]

[thanks for the tip David Isenberg!]

FISA Facilitates Intellectual & Personal Property Theft

Americans must understand that FISA "Monitoring" = Copying, Recording and Archiving of all your Telephone and Internet communications by private government contractors. You'll never know when or if it's happening...

Competitors (or Foreign Governments) who want trade secrets, R&D plans, bid details, intellectual property or copies of confidential communications can hire well placed private contractors to obtain them.

60-70% of our $60 billion annual national intelligence budget is paid to private contractors. Private contractors help monitor (copy, record and archive) all telephone and internet communications for the federal government.

Some of these private contractors are corrupt or have weak internal controls. They all have their own agendas.

The information is already assembled, they are part of law enforcement, they can sell it with impunity.

There is no independent oversight, control or accountability over private intelligence contractor activities.

Do you want copies of your confidential communications falling into your competitor's hands? That's much easier with FISA.

FISA presents dangerous intellectual property and personal propoerty security issues that threaten our nation's ability to compete effectively.

For links to respected resources discussing the risks of private government contractor abuse see http://HappinessHacker.com

Happiness Hacker ~ Atlanta

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