The Amendment To Strike Retroactive Immunity From Intelligence Legislation amends the Foreign Intelligence Surveillance Act Amendments Act of 2007. The Amendment eliminates a section in the larger bill that grants immunity from civil lawsuits to telecommunications companies that participated in the Bush Administration’s secret surveillance program. The surveillance program, which aimed to uncover evidence of terrorist plots, did not obtain warrants for surveillance of telephone and email communication as prescribed by the Foreign Intelligence Surveillance Act of 1978 (FISA). Dozens of lawsuits for alleged violations of privacy are pending against companies suspected of participating in the surveillance program – this amendment would enable the lawsuits to go forward.
The Middle-Class Position:
The Middle Class Supports. Granting retroactive immunity to companies that illegally spied on citizens sets a dangerous precedent for corporations to trample the rights of middle-class Americans without having to face any consequences for breaking the law. Telecommunications companies, at the behest of the Bush Administration, illegally monitored American citizens’ private e-mail correspondence, phone calls, password protected web activity, and other communications. This violated Americans’ Fourth Amendment right against unwarranted searches and seizures, the Foreign Intelligence Surveillance Act and the contractual rights of private customers who signed privacy agreements with these companies. Our civil justice system allows regular Americans to hold corporations accountable when they violate cherished rights such as those outlined in our Constitution. Granting retroactive immunity would weaken middle-class Americans’ ability to take on powerful corporations for breaking the law. What’s more, retroactive immunity would weaken the ability of middle class consumers to trust that their contracts with corporations will be honored and that the legal system will treat their constitutional rights as more than symbolic. In short, granting retroactive immunity would severely undermine Americans faith in the legal system. Granting retroactive immunity also sets a dangerous precedent by giving the Administration unbridled power, under the guise of pursuing security interests, to pressure companies into violating Americans’ rights with impunity and to protect those corporations from liability for a range of other violations of the law.
From the Experts:
“[The Bush Administration is] seeking immunity for carriers and others who cooperated in the Terrorist Surveillance Program and, perhaps, other intelligence activities. It is hard to imagine a more powerful way to undermine respect for the rule of law and the critical role that communication providers play as the last line of defense against government abuse. Moreover, it’s not clear why this is needed. Under current law, communication providers already can avoid liability if they simply have a letter from the [U.S. Attorney General] saying the government's request is legal. If they did not even get that, what message do we send by giving them immunity for totally disregarding the law? Why wouldn’t the next telecommunications CEO also decide to go ahead and ignore the legal requirements, figuring the government would bail the company out if it ever became public?”–Suzanne Spaulding, former Executive Director, the National Terrorism Commission (September 5, 2007)
“The phone and Internet companies that gave private call information to the government without a FISA warrant may have been breaking the law. The people whose private phone calls and emails were turned over deserve to have their day in court against the phone companies. Let the American system of justice decide this case. Do not give the phone companies a get out of jail free card. If the companies really `did the right thing’ as the president said, then they have nothing to fear from going to court.”-Caroline Fredrickson, Director, American Civil Liberties Union Washington Legislative Office (February 13, 2008)
Beyond this Bill:
The effort to shield powerful companies from accountability for their actions goes far beyond telecommunications firms that plead national security. In 2005, Congress passed special legislation making gun dealers and manufacturers immune from lawsuits alleging that their irresponsible business practices facilitated the sale of guns to criminals. Hospitals, pharmaceutical companies and medical device manufacturers have also called for limitations on their liability when patients are injured or killed because of their negligence or unsafe products. Even fast food companies have asked for special protection. Each time such exemptions from liability are granted, they give the green light to companies to disregard the rights and wellbeing of employees, customers, and the larger society in their drive to maximize profit. Congress should act to ensure that corporations do not get a free pass when their wrongful actions harm people.
Year in which the United States Constitution established “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”: 1791
Year Foreign Intelligence Surveillance Act (FISA) was passed: 1978
Number of warrants the federal courts approved under the FISA in 2004: 1,758
Number of warrants courts rejected under FISA in 2004: 4
Date on which federal district court judge ruled that "the president of the United States ... has undisputedly violated the Fourth [Amendment] in failing to procure judicial orders" for unwarranted wiretap surveillance activities: August 17, 2006
“ACLU vs. AT&T and Verizon” updates on the lawsuits filed in August 2006 from the American Civil Liberties Union
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