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FISA question

  • Jul. 9th, 2008 at 10:28 PM
political
crs
Ok, so there's retroactive immunity for any crimes the telcos may have committed a few years back. That kinda sucks, but there it is.

Anyone know if there's immunity for them in the bill for the next time the government makes such an illegal request?

Comments

( 6 comments — Leave a comment )
(Deleted comment)
dcltdw
Jul. 10th, 2008 01:54 pm (UTC)
Of course, if the Supreme Court someday finds the law unconstitutional

This is what I was wondering about this last night -- could the Supreme Court review this law as being in violation of the 4th Admendment?
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(Deleted comment)
tirianmal
Jul. 10th, 2008 03:22 pm (UTC)
The problem is proving that the ACLU has standing to challenge the law. A number of challenges to "warrantless wiretapping" have failed because the plaintiff could not prove they had been spied upon.
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rshah21
Jul. 10th, 2008 05:45 pm (UTC)
Shift of liability
From the telco's perspective, liability is shifted to the gov't agency. So when the FBI shows up and says "We have the paperwork, make the wiretap", the telco's lawyers don't have to get involved - they can do it without liability.

Where the "paperwork" comes from is still unclear. The FBI has been operating in a bit of a black hole - they believe that they can put the wiretap in for 48 hours before consulting a conventional court or FISA. Some of the other TLAs are pushing the envelope
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