Some Telecoms Say “No” to Immunity

McJoan at Daily Kos highlights an example of telecom lobbying groups expressing their opposition to retroactive immunity (PDF link to original letter).

To the Members of the U.S. House of Representatives:

The Computer & Communications Industry Association (CCIA) strongly opposes S. 2248, the “FISA Amendments Act of 2007,” as passed by the Senate on February 12, 2008. CCIA believes that this bill should not provide retroactive immunity to corporations that may have participated in violations of federal law. CCIA represents an industry that is called upon for cooperation and assistance in law enforcement. To act with speed in times of crisis, our industry needs clear rules, not vague promises that the U.S. Government can be relied upon to paper over Constitutional transgressions after the fact.

CCIA dismisses with contempt the manufactured hysteria that industry will not aid the United States Government when the law is clear. As a representative of industry, I find that suggestion insulting. To imply that our industry would refuse assistance under established law is an affront to the civic integrity of businesses that have consistently cooperated unquestioningly with legal requests for information. This also conflates the separate questions of blanket retroactive immunity for violations of law, and prospective immunity, the latter of which we strongly support.

Therefore, CCIA urges you to reject S. 2248. America will be safer if the lines are bright. The perpetual promise of bestowing amnesty for any and all misdeeds committed in the name of security will condemn us to the uncertainty and dubious legalities of the past. Let that not be our future as well.

Sincerely,
Edward J. Black
President & CEO
Computer & Communications Industry Association
[emphasis added]

Marcy Wheeler notes that Google and Yahoo are two key members of the CCIA, as are Microsoft, Sun Microsystems, and Fujitsu. The CCIA has a greater focus on information technology, but many of their members store user data for emails, financial records, and internet traffic. Their members, in short, have a tremendous amount of information that we know the Bush administration has pursued through legal and extra-legal means. That these companies explicitly reject retroactive immunity and the Senate passed SSCI bill is incredibly telling. They know that they’ve obeyed the law and they don’t want others who did not have the strength to follow the law to be excused for their illegal behavior. They want legal certainty, which Congress has an obligation to provide.

I hope this message gets through to the Democrats in Congress that are prepared to cave to the Bush-Cheney-Rockefeller cohort demanding immunity. Of course, the most meaningful immunity will be going towards Bush and Cheney, as D-Day points out. It seems indemnifying Bush from the consequences of his illegal actions is worth so much that the rule of law is about to go out the window to protect this president’s legacy. As someone who has closely watched President Bush’s tenure in the Oval Office, it’s hard for me to imagine the rule of law being destroyed with less being gained in return than this man’s legacy.

3 thoughts on “Some Telecoms Say “No” to Immunity

  1. So companies who are not affected by the punitive lawsuit object to immunity being given to their competitors? Wonder if they are looking forward to picking up the pieces of the bankrupt telecoms if these suits cruise thru?

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  2. Um, no. These companies are directly tied to the surveillance in question. See the Washington Post article yesterday:

    At the breakfast yesterday, Wainstein highlighted a different problem with the current FISA law than other administration officials have emphasized. Director of National Intelligence Mike McConnell, for example, has repeatedly said FISA should be changed so no warrant is needed to tap a communication that took place entirely outside the United States but happened to pass through the United States.
    But in response to a question at the meeting by David Kris, a former federal prosecutor and a FISA expert, Wainstein said FISA’s current strictures did not cover strictly foreign wire and radio communications, even if acquired in the United States. The real concern, he said, is primarily e-mail, because “essentially you don’t know where the recipient is going to be” and so you would not know in advance whether the communication is entirely outside the United States.

    If email is the issue, then what email providers have to say is certainly relevant.

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