The Senate passed the FISA bill today, which effectively puts an end to any chance of legal repercussions for telcos who helped the government spy on citizens. Senator Obama voted for it, Senator McCain didn't vote, and Senator Clinton, for what it's worth, voted against it. Find out how your senator voted here. [TechCrunch]
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Okay, good to see that the two senators representing my state (NY) at least pretended to care that illegal wiretapping that was done with the telcos was indeed illegal.
@castlecraver: Same story here. If he wanted to advocate change, he's definitely taking the slippery slope path.
@kingofmars: I'm more curious what happens with Quest. They were the only major phone company to say no, not without court approval, and apparently, they lost out on a few multi-million dollar federal contracts because of it..
@JeffDrummer:
When the government wants us to sacrifice our liberties for the sake of "safety", I'd rather keep those liberties and put safety in my own hands.
The telecom immunity was a smoke screen for the fact the new FISA bill basically legalized the Bush administration's stance that they have the authority to perform surveillance on American citizen's without court oversight.
Wait until you hear about domestic agencies using the new FISA to bust Americans for things based on wiretaps the government said they needed to fight terrorism. Things like copyright infringement, etc. etc. And no court oversight to stop them.
@WraithSama:
Amen.
I've had enough of the "Terra! Terra! Terra!" crowd holding America hostage.
Perfected by Rockin' Ronnie Reagan.
@kingofmars:
[www.msnbc.msn.com]
"[National Intelligence Director Mike] McConnell confirmed for the first time that the private sector assisted with President Bush's warrantless surveillance program. AT&T, Verizon and other telecommunications companies are being sued for their cooperation. "Now if you play out the suits at the value they're claimed, it would bankrupt these companies," McConnell said, arguing that they deserve immunity for their help."
@CaliCheeseSucks: It's not just you, Russ does good.
/from AZ
//pays attention to other states' Senators since some of my state's senators don't bother voting anymore.
@CaliCheeseSucks: You and me both. He is one of the most honest and reputable senators in Congress. Even if you don't agree with his politics (I do), you have to admit to his outstanding ethics.
Sad to see this happen. Once again, we the people are sold out to corporate entities. While mainstream is too comfortable and feeble minded to actually do something now, I wonder if we aren't heading towards a more Russian/China type of state...
@castlecraver: I agree. Whether he voted for the amendments or not, he should have never voted for this bill. Change my ass...
Obama did what he did because his idiot handlers told him not to give the Republicans a "national security" club to beat him with.
Feingold is a tremendous senator, unlike Feinstein.
Unfortunately, most of the American people have no idea what FISA is, and so would probably get fooled by the "terra terra terra!" Republicans when they chose to throw an Obama "no" vote back in his face. That's why he voted yes.
Hopefully, if he wins, he will use his mandate to take part in dismantling this law.
@CaliforniaCajun: Yeah because presidents usually give up powers that their predecessors had. Obama is just another politician, not the 'great' hope people [who am I kidding, even I at times] thought he was.
This is something I am not really for. I have mixed feelings about it, but since the democrats and the republicans passed it, I'm thinking they felt it important to have it.
As far as those upset w/ Obama, 2 things:
1) Hope, Change are just catch phrases. Every election candidate tries to tie their name to phrases. Actually, Obama has a 97.3% voting record on party lines. In other words, he democrat status quo more then anyone else in the senate.
2) Cut him some slack, he made a decision he knew he would take heat for. He must really believe this is good for you. Chill-lax.
The compromise FISA legislation even with the immunity still allows criminal charges to be brought up against the corporations. This sort of accountability would allow the American people to know just who in the bush administration did this to us and would allow us to know how much it was used. Olbermann had a special comment on FISA directed towards Obama ([www.msnbc.msn.com]) and the choices he can make with the bill and hopefully Obama will say he's going to push for criminal charges against the corporations.
@Tightlines: If it is against the constitution, the supreme court will be on the scene soon. Try to calm down. It's the American process. And it typically works.
Several points to make here....................
Everyone understand one thing about this legislation. It's about "National Security". Not protecting what the corporations' idea of securing their (intellectual) property and their interpretation of those (copywrite and piracy) laws. And if it's used to execute such lawsuits, then the Supreme Court will be among the stops in righting that wrong.
Everyone MUST know the most important responsibility the presidency has is to national security, first and foremost. Everything else is secondary. Plus to all fellow servicemembers and veterans, remember what the "Oath of Service" states as to why this is legal.
For everyone who is complaining about this and other policies, if you don't like it, do something about it. Write your Represenatives and Senators, phone elected officials, rally with others and demostrate why you oppose such policies. While you do that, bring forth ideas and show why they would work. Push to get change. It's all up to us, the stupid Americans. The branches of gov't and elected officials are only a device for us citizens to ultilize for our nation. The gov't is like a child. Children need guidance. Think about it if they do and don't get the guidance they need. The Supreme Court isn't higher than the Amercian citizen, nor is congress, nor is the president. All answer is to us!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! When we figure that out for better or worst, things will truely change.
Plus I like to think our gov't has our best interest in mind 'til there is a reason to doubt.
You would think that when Senators and Representatives see reports that only 9% of survey respondents think they are doing a good job, they might just think that there was a reason for that...
[www.rasmussenreports.com]
@DrCrippen: Well, unfortunately when some politicians look at those amendments and see the whole "Congress shall make no laws..." parts, they take that as a challenge.
@castlecraver: I'm in a similar boat - his caving to the Neanderthal vote cost him my enthusiasm and volunteering impulses. He's still got my support for the election, and gods know he'll be better than the other one, by a long shot.
But my shiny prancing unicorns will no longer be allowed to play in his garden.
I'm of the feeling that there should be some basic sort of test to vote. I read recently that of polled voters, 20% couldn't name the three branches of gov't and more thought the President could overrule the Bill of Rights on a whim. Add those glued to watching car crashes and celebutards drunkenly crashing their cards thinking this helps our country, and it's enough to make me think No Voter Left Behind wouldn't be a bad idea.
Irks me that people that know better have to play to these flaming idiots. A lot.
@dry-roasted-peanuts: 26 - over half - of the Senate Dems voted to kill this, so at least that's something.
The irony is the reason why Progressives & Democrats aren't in favor of the job Congress is doing, it's because they're not doing enough to fight the wrong direction this country is headed in. Of course the Beltway types convince them that the path to success is to be Republican Lite. So dumb. So wrong.
@Trai_Dep: "So dumb. So wrong."
That covers just about everything. And this is coming from a very disenfranchised Republican. Warrentless wiretapping, detaining foreign nationals, a bloated budget, etc. That sure as hell isn't a part of the "smaller, less intrusive federal government" ideology I signed on for.
@Bladefist: Not with this Supreme Court. They seem hell bent on reversing our rights and doing as told by the Prez.
@Trai_Dep: Yeah, it's sad how mis-informed the general public is. Not that long ago 70% of the US thought Sadam was behind 911...
It really bugs me when I talk to people that pay more attention to who's winning on American Idol or Dancing with the Celebs or to baseball or whatever other sport is in season than they do to their own governmental processes.
@doctor_cos: I have to wonder, when Bush is out of office who will the tinfoil hats point to everything at?
@ doctor_cos: "More people vote for American Idol" - That's with a cell phone on the couch not in the rain outside the firehouse. Plus the majority of those audiences are high school kids who can't vote anyway.
@Trai_Dep: "I'm of the feeling that there should be some basic sort of test to vote" - Really? I mean REALLY? You should do some reading on the Civil Rights movement to find why that is/should be completely illegal.
What you're proposing is to limit the franchise to only 'smart' people. I for one would gladly die in a war to prevent that. - I think I might even dump some tea in the ocean too now that you mention it. Americans have the right to vote - even the dumb ones. Get over it.
Wow, Consumerist. You REALLY need to read between the lines, and watch Countdown some more.
At least one leading legal expert pointed out a glaring omission in the current FISA bill, that as far as I know, was not fixed at all. This loophole does NOT GRANT IMMUNITY FROM FEDERAL PROSECUTION. It only grants immunity from civil suits, which are pathetic in what they can accomplish by suing a megacorp like AT&T.
THAT is why Obama voted for this bill. The FISA bill was never a bad idea; the killer was always the immunity the Republicans. The telcos can still be held accountable for their actions. All you whiny little pricks have to do is go to your government officials and tell them to not let the telcos get away with what they did. No "he won't get my money" nor "OBAMA! HOW COULD U!11!1!!???" Get off you high horse, and TAKE ACTION.
@rellog: The supreme court can do better. That gun vote should have been 9-0. I dont see the supreme court in Bush's pocket, I see the supreme court in the constitutions pocket, except for where the 3 far left justices try to change it
@battra92: The tin-foil hats people will find where there is a republican in office. Historically have gone after the senators.
@doctor_cos: Do you work in Media? You seem just like the Doom & Gloom kind of person they are looking for.
@Trai_Dep: Republican Lite tastes great, and is less filling. With 50% less misunderstanding then Democrat Lite. So pop open a Republican Lite, and smile. We live in a great country.
@Bladefist: at least your first comment up there made some modicum of sense.
HOWEVER, it is not our job, as citizens, to just lay back and trust the government. it is our job to question authority, to hold them accountable, and to generally be a thorn in the politicians sides, because we are the citizens. "for your protection" is not a valid excuse for de-constructing the constitution.
@Bladefist: How, pray tell, will the "supreme court be on the scene" when this legislation has the effect of dismissing the lawsuits pending that address the issue? Surely you're not asserting that the Bush administration is going to launch any sort of criminal proceeding regarding criminal activity that it requested of the telecom companies in the first place?
My only question now is this: If the Bush administration asks a private citizen to murder a 5 year old child, will the Congress also grant immunity in that situation so long as the president asks nicely again?
What a bunch of god damn traitors to the Constitution. I'm so pissed about this.
@thrillwill: Darn those people that disagree with him. They must be stupid or something not to pull the far left party line he repeats in every post.
@Bladefist:
"Do you work in Media? You seem just like the Doom & Gloom kind of person they are looking for."
Yeah, that's one reason I read the news and then wonder how they can sleep at night if we're all going to Hell.
I really don't understand the "outrage" crowd on this one. Regardless of your feelings on the wiretaps themselves, why on earth should we be punishing American companies that cooperate with the federal government? Shouldn't the focus be ensuring that the government is respecting citizens' rights rather than going after the companies who actually put their country before profit, for once? The companies received an executive order AND a letter from the Attorney General asking for their help and assuring them that the actions being taken were consistent with the law - why should they be exposed to "victims" trying to win the lawsuit lottery through civil action? What do we do then when all companies refuse to work with the government to avoid a similar fate?
This bill is actually a good bipartisan effort, another rarity nowadays. It ensures that the FISA court is now the one and only legal route for wiretaps, even extending coverage to US persons living overseas - a protection that did not previously exist. Isn't this what critics originally wanted? To ensure that the President needs FISA court approval for wiretaps on US persons?
Too many people think the Constitution protects anything that happens to coincide with their own agendas.
@giggitygoo: We live in a nation of laws, where the Law is King, and not the President. The President asked the companies to break the law, and most of them complied.
The companies knew full well that what they were doing was illegal but they did so anyways precisely to put profit first (unlike what you claim). These companies have lucrative contracts with all sorts of government agencies and knew they would be rewarded handsomely for their efforts.
The FISA courts were ALWAYS the "one and only" route for wiretaps via executive order - now they are powerless. Essentially anything the president wants to wiretap he can without just cause or a warrant from a (secret) federal court.
Like it or not, the "agenda" of this country is the preservation of civil liberties and the right to self-determination as guaranteed by the constitution. That is what America is about.
@iMe2 It is simply your opinion that the law was broken. (Though many share it) The attorney general's job is to tell the president what is legal and what is not - he determined that the Presidential duty to protect the nation stated in Article II of the Constitution and the post 9/11 Congressional authorization provided the authority to wiretap international calls between US persons and known foreign terrorists. While this of course doesn't mean the AG cannot be wrong, it is a valid argument and cannot simply be dismissed because you do not like it. Naturally, legal arguments are not uncommon specifically due to such apparent conflicts in the law. While I believe your argument certainly has a basis, this issue is simply not so clear that you can simply dismiss anyone who disagrees with you.
There is no basis for your claim that companies "knew what they were doing was illegal" as far as I know. I'm more than willing to reconsider that if you could offer some evidence to support that claim. You do have a good point as far as lucrative government contracts with these companies, but you also must consider that these companies had to know that if this program was ever exposed that they would suffer bad press and lost customers. Either way, I believe it is in the national interest to support the federal government. It is the government that should be ensuring legality, not private companies.
Also, there is no reason to believe the President can wiretap "anything." The executive program that brought about this whole issue was one that had an extremely limited scope - international phone calls between known overseas terrorists and US persons. At no point was a warrantless wiretap put into place between 2 US persons or between a US person and an international person who was not a known terror suspect. This scope is consistent with defense of national security. (Once again, not that it is necessarily correct, but it is consistent with the President's Constitutional argument)
I'm probably nitpicking here, but countries don't have agendas, people do. I, like most Americans, want my civil liberties and do not want the government wiretapping random people with no cause. However, I also believe that grave, asymmetrical threats that never existed when most of our laws were passed (including the FISA court) requires us to examine how we allow the government to deal with them. Remember, multiple 9/11 suspects were unknown to the FAA and FBI because of civil liberty barriers between them and the intelligence community. Does anyone really doubt now that it's worth allowing the CIA call up the FAA and share information about known terrorists so they can't board a plane? Times change, threats change - what made sense during the Cold War (Barrier between intelligence and law enforcement to prevent domestic intelligence gathering) may not make sense now. Most importantly, this can be done without violating essential liberties. Common sense changes can be made without the complete destruction of freedom, which is what you would think is happening by listening to the "outrage" crowd. Congress settled the disagreement with this bill, which makes the process for performing such wiretaps abundantly clear - an actual case where government worked.
Personally, I trace (no pun intended) everything back to the fact that the President installed AGs (Ashcroft and Gonzales) that made dubious (at best) rationalizations about "security" vs. "legality". If the telcos, the Congress, and the President were all following these sorely misguided claims of legality, they figured they were in the right.
As far as the Obama vote and the rationalization that all this prevents is civil lawsuits, but not federal prosecution... Somehow, I don't think that this prosecution will happen. After all, they were "just following orders". I seriously doubt a Nuremburg-style tribunal will be held with telco officials on the stand. Just won't happen.
If we stopped sending money to these monkeys in DC we wouldn't have this kind of crap to complain about. They don't care about the people, they care about their pocketbooks and power. They've never met you and they don't want to, they just want you to keep sending in your money. Why should they have power over you?
Just remember, our founding fathers weren't viewed as patriots or good Americans in their day. They were traitors and viewed as criminals by the people and leaders of their original country. They would have all been killed if they were caught, but they stood up and fought for freedom and liberty.
Funny how nowadays when someone tries to stand up and fight for freedom and liberty they're marked as crazy and ousted or put in jail.
@kingofmars: yes, verizon is one of the the companies under scrutiny. this Financial Times recap has just as fair a summary as i've seen recently:
Of the four phone companies the NSA asked for information about customer calls, only Denver based Qwest, the smallest of the big four US telecommunications companies, refused.
Qwest's former chief executive, Joseph Nacchio, backed the company's attorneys who argued that surrendering its customers' call-detail records to the NSA was wrong.
[...] Qwest was approached in the fall of 2001 to permit the government access to the private telephone records of Qwest customers.
Mr Nacchio, the statement says, inquired whether a warrant or other legal process had been secured in support of the request, and decided not to comply with the demand after he learned the government had not sought such permission.
....But unlike Qwest, the three biggest US telecommunications companies - AT&T, Verizon Communications, and BellSouth - acceded to the NSA requests and began sharing records of tens of millions of their customers' phone calls with the security agency.
Now I'm as mad about the FISA copout as the next fan of the 4th Amendment. But I don't blame the telecoms. These companies were pressured into violating the law by the government. They'd stand to lose millions of dollars in federal contracts if they didn't cooperate. Qwest allegedly lost a $100 million contract after breaking off talks with the NSA in 2001.
They kept their contracts, but now the Big 3 are terrified of being sued into bankruptcy. Or so they say. But who's really pushing to get FISA passed? Bush and Cheney are the ones telling us we're all gonna die of TERRORISMS!! if they have to get warrants to wiretap. Seems hard to believe. But no court of law has called them on their BS thus far.
Ah, but if the telecoms can be sued, all the government's sleazy backroom tactics would come out in open court. And presumably, indictments would follow.
It would be awesome if Obama does as Olberman has suggested, and unleashes a slew of depositions and hearings that expose the war crimes of the past few years. But don't hold your breath. If history is any guide, Presidents are usually reluctant to investigate the previous administration's crimes. They don't want to be investigated after they leave office, after all.
@thrillwill: Not biases against "smart" people, but something aiming at some minimum level of knowledge before you get a voice in how this nation should be led. Nothing obscure, simply basic things. # of Senators (see, I'd even waive # of Reps because that'd be too quirky). Branches of gov't. Who does what. 2nd grade Civics stuff.
Say a list of 20 questions/answers distributed with the ballot, to study at your leisure. Then there's three of them on your ballot. Get 2 of 3 right and your ballot counts. That way it couldn't be used in a politically biased way and it's automatic.
There are no biases against people of color, old people or White Southerners - unless you're saying they're special needs people, which I doubt?
I know it'll never happen, and I'm not totally serious about this. But geezus, if you're voting, make the effort to know just a smidgeon of how the country works.
Keep in mind that when the country was founded, the right to vote was limited only to land owning White people, so it's hardly kosher to say it's Un-American to expect that voters actually have a sliver of knowledge of what it is they're voting about. :)
@Bladefist: True. But I think we both agree that it'd be better if my side covered the Dem & Dem Lite, and yours did the Repub & Repub Lite?
Then it'd be a reasonable continuum for voters to choose. It does neither side a favor when one apes the behavior of the other. IMHO. :)

















I will likely still vote for him in Nov, but with this vote Sen. Obama has assured himself that he won't be getting another dime of my money, or minute of my time.