Matthew Rothschild: Forget Retroactive Immunity, FISA Bill is also about Prospective Immunity

[marmar]

from the Progressive:



Forget Retroactive Immunity, FISA Bill is also about Prospective Immunity
By Matthew Rothschild, July 10, 2008


Leave it to George Bush to point out a little-noticed aspect of the FISA bill that he likes, but you should hate.

In his chortle over the Democratic cave-in on FISA, Bush said, “It will ensure that those companies whose assistance is necessary to protect the country will, themselves, be protected from lawsuits for past—or future—cooperation with the government.”

The news lies between those dashes.

Opponents of the FISA bill, from the ACLU to Russ Feingold, have been focusing on retroactive immunity for AT&T and Verizon and the other telecom companies.

But what may be even more alarming is the prospective immunity that telecom companies and Internet service providers and others are guaranteed by this bill.

Here are some of the relevant passages:

“The Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to a) “immediately provide the Government with all information, facilities, or assistance necessary . . . b) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished. . . .”

And here’s the kicker: “No cause of action shall lie in any court against any electronic communication service provider” for providing this information.

Thus we have the Congress granting to the Executive Branch and the private sector enormous new powers to violate our privacy. ......(more)

The complete piece is at: http://www.progressive.org/mag/wx071008.html

[ancient_nomad]

1. KnR...n/t