Government Technology
Government Technology: State & Local Government News Articles

FISA Amendments Act Passes, Grants Retroactive Immunity to Telecommunications Companies



Print
Comment
portion of FISA act text

Jul 10, 2008, News Report

The U.S. Senate yesterday passed the FISA Amendments Act, broadly expanding the president's warrantless surveillance authority and granting retroactive immunity to telecommunications companies that participated in the president's domestic wiretapping program. The House of Representatives passed the same bill last month, and President Bush is expected to sign the legislation into law shortly.

"It is an immeasurable tragedy that just after its return from the Fourth of July holiday, the Senate has chosen to pass a bill that betrays the spirit of 1776 by radically expanding the president's spying powers and granting immunity to the companies that colluded in his illegal surveillance program," said Senior Staff Attorney Kevin Bankston of the Electronic Frontier Foundation (EFF). "This so-called compromise bill represents a shameful capitulation to the overreaching demands of an imperial president. As Senator Leahy put it in yesterday's debate, the retroactive immunity provision of the bill upends the scales of justice and makes Congress and the courts handmaidens to the White House's cover-up of its illegal surveillance program."

The FISA Amendments Act won passage after several amendments intended to remove or modify the bill's immunity provision failed to pass. One amendment, offered by Senator Christopher Dodd, would have stripped immunity from the bill altogether. Another, introduced by Senator Jeff Bingaman, would have stayed the pending cases against the telecoms and delayed the implementation of the immunity provision until the Inspectors General of the Department of Justice and other U.S. government intelligence agencies finished their investigation into the spying program, thereby preventing Congress from granting immunity in the dark.

"We thank those senators who courageously opposed telecom immunity and vow to them, and to the American people, that the fight for accountability over the president's illegal surveillance is not over," said EFF Senior Staff Attorney Kurt Opsahl. "Even though Congress has failed to protect the privacy of Americans and uphold the rule of law, we will not abandon our defense of liberty. We will fight this unconstitutional grant of immunity in the courtroom and in the Congress, requesting repeal of the immunity in the next session, while seeking justice from the Judiciary. Nor can the lawless officials who approved this massive violation of Americans' rights rest easy, for we will file a new suit against the government and challenge warrantless wiretapping, past, present and future."

EFF is representing the plaintiffs in Hepting v. AT&T, a class action lawsuit brought on behalf of AT&T customers whose private domestic communications and communications records were handed over to the National Security Agency (NSA). EFF has been appointed co-coordinating counsel for all 47 of the outstanding lawsuits concerning the government's warrantless surveillance program.


Comments

By Anonymous on Jul 16, 2008

It was a sad day for all Americans; so many folks don't understand the "Rule of Law." I thought that all those folks seeking reelection would have the courage to "just say no," but both political parties turned their backs on us.

By Anonymous on Jul 15, 2008

EFF took a policy position, and this is a report on that. Like it or not, IT is more than digital mechanics, and it is changing society for good or ill. Now that we can provide constant surveillance, the issue -- a moot point in a paper file age -- is should we, and if so under what circumstances? Rolling out IT is one thing. Taking responsibility for it is another.

By Anonymous on Jul 11, 2008

Please do not take positions on policy one way or the other - share technology that is being used in government sectors. I do not want to read anyone's perspective on this when I subscribe to this magazine.

Respond to a comment.

If You Liked This Article, You May Also Like...

Related Products and Services


Latest Government Technology News


Industry Solutions for Government

Read real world deployments of technology in government from our sponsors.

View All Industry Solutions

Marketplace



This section
brought to you by:


Communications and Interoperable Technology Survey

Emergency Management magazine invites you to participate in our Communications and Interoperable Technology Survey. Our 11 questions are very brief and should only take 5 minutes of your time.

Complete our survey now, and enter to win a $25 Amazon Gift Card!

Dispatch Operations and Interoperability

A New Era in Public Safety BlackBerry® smartphones running on Sprint networks deliver a wide range of applications that are transforming public safety operations.


Hurricane Preparedness Tips When a hurricane hits, are you prepared to keep in touch?


Case Study - Morris County, New Jersey The Morris County Communications Center upgraded to a new trunked radio system with the benefits of a cellular network, extending coverage beyond county lines


Case Study - Iredell County, North Carolina Spanning over 570 sq miles, it became imperative that the Iredell County Emergency Communications, Operations and Management extend it's communications systems to enhance reliability, security, and coverage.


Case Study - City of Anaheim, California The City of Anaheim saw an opportunity to leverage existing GST and partner with nearby cities to enhance safety operations through data interoperability.


Case Study - Charlottesville, Virginia Fire Department Taking advantage of a range of interoperability solution, the Charlottesville Fire Department has achieved a network that can serve as backup to their existing public safety network.


Sprint ERT Go-Kit with GST Optima Rapid, interoperable communications for emergencies, drills and field exercises.


Optimal Interoperability Until recently it was not possible to cost effectively connect commercial networks to LMR systems. Improvements in communications technology have resulted in greatly enhanced operational capability and have reduced the log-term cost of communications system ownership.


Multi-agency interoperability for Public Safety Establishing cross-agency, real-time situational awareness is critical to effective incident management as well as daily resource management.


Video


DHS Grant Links

DHS Grants and Assistance Programs Link to overview of available grants administered by The Department of Homeland Security (DHS)


Fact Sheet: Fiscal Year 2008 Preparedness Grants Major changes in funding and focus for 2008 DHS grant programs


Remarks on 2008 Homeland Security Grant Guidance DHS Secretary Michael Chertoff and FEMA Administrator David Paulison


$1.8 billion in DHS Homeland Security Grant Program Awards


Funding Public Safety Communications Whether you are a law enforcement agency, looking for funding to support an interoperable communications solution or a school, seeking to improve communications between building administrators, grants may provide the funding you need to implement a robust, scalable communication system.


Yes! I would like more information about Sprint's dispatch operations and interoperability solutions.