February 12, 2008
Telecom Immunity
The US is getting incredibly screwed up. Even moreso than usual. Today, the senate passed Telecom Immunity legislation. What this says, in essence, is that AT&T and friends, who knew that they were wiretapping lines illegally for the NSA, are not liable for their behavior. As a take on AT&T's "___________ delivered" series of advertisements, I decided to beat their press to the punch with a logo of my own.
Be sure to call your representative and let them know how lame this is. Either the government or the corporation is responsible for violating the rights of its citizens, so either the NSA or the telecoms should pay (preferably both, but that's wishful thinking). Technically, there's nothing with asking a telecom to tap someone's phone, but the telecom shouldn't do it unless you provide a warrant (otherwise it's violating your 4th amendment rights and all that jazz), so putting the NSA on the hook really isn't going to happen.
You'd be right, assuming they ever took the suspect in question to trial. We've already seen how well that's panning out, with folks being held for six years without so much as a legal charge against them. What do we do about the Khaled El-Masris of the government investigation world?
Besides, wouldn't it be rather easy to get a warrant to tap the line if you've already tapped the line and gathered probable cause? I think so. You may tap a person's line, find out that they're planning to do something illegal at 4pm, and 'happen to be there' to observe it. Then you go to a judge and say that you've observed this behavior and that you'd like to tap the line due to suspicious activity. You'd have a warrant to continue tapping, and would be free to use evidence gathered in subsequent telephone conversations.
This kind of behavior is simply ripe for abuse, and it is what the fourth amendment is supposed to protect us from. I guess we can ignore the, "no Warrants shall issue, but upon probable cause" part of the constitution...
Posted by: Reid on February 13, 2008 06:28 AM






by reid
on October 01, 2007
by reid
on July 17, 2005
The Devil's advocate would mention, though, that the 4th Amendment issues are complex. Even if information is obtained without a warrant, a court will ultimately need to admit the evidence for it to be of any use to the government. The bounty from a directionless fishing expedition is likely still going to be suppressed. Info that will be admissable is more than likely of a the sort that would've been collected with a valid warrant had one been requested. So this isn't so much a loss of privacy as it is a reduction in federal agent paper work.
Even if you disagree with that, there's no reason to hold a phone company liable for cooperating with law enforcement. An illegal police action should rest on the state.
Posted by: Bross on February 13, 2008 05:58 AM