Fed Court Grants Legal Immunity to Telecoms in Wiretapping Case
- Posted on December 31, 2011 at 5:30pm by
Becket Adams
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A federal appeals court has ruled as constitutional a law giving telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.
Thursday’s unanimous ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals affirmed a lower court decision regarding the 2008 law.
The appeal concerned a case that consolidated 33 different lawsuits filed against various telecom companies, including AT&T, Sprint Nextel, Verizon Communications Inc. and BellSouth Corp. on behalf of these companies’ customers.
The court noted comments made by the Senate Select Committee on Intelligence regarding the legal immunity’s role in helping the government gather intelligence.
“It emphasized that electronic intelligence gathering depends in great part on cooperation from private companies … and that if litigation were allowed to proceed against persons allegedly assisting in such activities, `the private sector might be unwilling to cooperate with lawful government requests in the future,’” Judge M. Margaret McKeown said.
The plaintiffs, represented by lawyers including the San Francisco-based Electronic Frontier Foundation and the American Civil Liberties Union (ACLU), accuse the companies of violating the law and the privacy of its customers through collaboration with National Security Agency (NSA) on intelligence gathering.
The case stemmed from new surveillance rules passed by Congress in 2008 that included protection from legal liability for telecommunications companies that allegedly helped the U.S. wiretap Americans without warrants.
“I’m very disappointed. I think the court reaches to try to put lipstick on a pig here,” said Cindy Cohn, legal director of the Electronic Frontier Foundation, who argued the case before the panel. “I think what Congress did was an abdication of its duty to protect people from illegal surveillance.”
However, Thursday wasn‘t a total loss for plaintiffs challenging the government’s surveillance efforts.
In a separate opinion, a three-judge panel of the court revived two other lawsuits that seek redress for telecom customers whose information may have been compromised by the surveillance program.
Two groups of telecom customers sued the NSA for violating their privacy by collecting Internet data from AT&T and other major telecom companies in the surveillance program.
Government lawyers have moved to stop such cases, arguing that defending the program in court would jeopardize national security and expose state secrets.
“The government has been swooping up millions and millions of communications by ordinary people, then sorting through them to figure out what they really want,” Cohn added, according to the Los Angeles Times.
“This country was founded on the idea that you don’t just round up everybody and then sort out later who you want, that the government has to make a specific allegation against someone to spy on their communications.”
The suits will be sent back to U.S. District Court in San Francisco.
The Associated Press contributed to this story.
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Comments (42)
ssingh1515
Posted on January 1, 2012 at 10:22amDisloyal communications companies that engage in illegal activity with government who in turn violates the fourth amendment and every part of the Constitution.
Report Post »rock-n-roll-rebel
Posted on January 3, 2012 at 5:36pm….but all of the “conservative” candidates support the Patriot Act, I guess that makes them enemies of the Constitution only they can‘t recognize their own hypocrisy because they aren’t that smart.
Report Post »MCDAVE
Posted on January 1, 2012 at 9:09amBig Brother is watching…I’m sure my name is already on some government list;along with everyone who posts on this website..Count yourselves among the patriots..
Report Post »Glenn is my hero
Posted on January 1, 2012 at 2:30amUncle Sam can kiss my A$$. Throw the bums out of Washington!!!!!! Next thing you know, they will snoop through my snail mail too.
It’s time to throw off such government. The rights of the people ARE being infringed.
Report Post »TomFerrari
Posted on January 1, 2012 at 8:36amYep! Grant them IMMUNITY, and they will roll over and give you anything you want, anytime you want it!
You removed ANY impetus they had to hesitate. Now, NONE of your personal information is safe.
We’ve got a LOT of work to do, folks! Got your sleeves rolled up?
Report Post »acovenantinblood
Posted on January 1, 2012 at 2:13amSee you all on the front lines of the civil war. All of us against D.C. and the U.N.
Report Post »Glenn is my hero
Posted on January 1, 2012 at 2:40amI’ll be next to yah! Time to throw off such government.
Report Post »Mary Just
Posted on January 1, 2012 at 12:13amSure is a corrupt crooked country full of cowards
Report Post »piper60
Posted on January 3, 2012 at 1:17pmYeah! they actually protect their women and children against arab murderers. Not at all like the morally superior Euro-weenies, who’d rather lose a kid than make a mistake to prevent the murder!
Report Post »NV_RICK
Posted on December 31, 2011 at 11:26pmWe saw this coming move along there‘s nothing to see here wouldn’t like to see who’s looking at all of us maybe Van Jones Uncle Eric, Bill Ayers, Kim Jong Un I was a fearin this day
Report Post »lylejk
Posted on December 31, 2011 at 10:37pmThere is no need for lawsuits. The best way to financially hurt these telecom companies is a bad PR compaign. Costs relatively little too. All any one from any town has to do is tell folk that they were wiretapped by such and such. If the telecom company says other wise, then they can be sued for lieing if the person accusing has proof (of course if that person is lieing, they will be sued so you better have pretty good proof before making such accusations). Always ways around this ruling. It’s time for a bad PR campaign I say. Find the telecoms, if any, that are still honest and do your business with them. Bank of America had to recently change their tune when they got hit; so did Verizon. That’s how you nip this stuff in the bud. Just remember what Ben Franklin said, and I paraphrase. Those who trade liberty for security deserve neither. :)
Report Post »piper60
Posted on January 3, 2012 at 1:12pmAwwwwww, The crackpot anti-American Left so wanted to make American self defense against thug baby killers a crime!
Report Post »piper60
Posted on January 3, 2012 at 1:15pmranklin was talking about essential liberty. So since when is protecting the communications of enemy terrorists an essential liberty for Americans?
Report Post »WAKEUPUSA2012
Posted on December 31, 2011 at 9:40pmim telling you our government is outta control
Report Post »WAKEUPUSA2012
Posted on December 31, 2011 at 9:40pmim telling you our government has sold us out.
Report Post »Drakkhanlord
Posted on December 31, 2011 at 9:29pmBy The Way …The Border is Wide Open…
“” Roman Moroni: I would like to direct this to the distinguished members of the panel: You lousy cork-soakers. You have violated my farging rights. Dis somanumbatching country was founded so that the liberties of common patriotic citizens like me could not be taken away by a bunch of fargin iceholes… like yourselves. “”(johnny Dangerously)
Report Post »Happy New year …Fargin’ somanumbatches
Cuthalu
Posted on December 31, 2011 at 9:14pmSo illegal search and seizure by government is now, legal. Good bye constitution, you will be missed.
Report Post »GRR Dave
Posted on December 31, 2011 at 8:51pmIve been reading The blaze for quite a few months, today I finally fell a need to comment.
I think all of you are getting this wrong, or maybe I am getting it wrong. Thesee big Telecoms were asked to assist the US government in some illegal stuff to help fight terrorisim, back during the last administration.
This actually provides protection for the telecoms, for assisting our government in a time of need.
If illegal, the government should be sued, investigated, etc…….the Telecoms were and are just serving our country.
Everr hear of the NSA rooms at the Telecoms around the country? Wired magazine has a searchable article on it. http://www.wired.com/science/discoveries/news/2006/04/70619
I dont think the telecoms are at fault for doing what they thought was Patriotic duty to their country.
Report Post »nighttrainno9
Posted on December 31, 2011 at 8:31pm1984, big brother, you can draw so many comparisons to orweles
Report Post »work of fiction and our society today it’s not funny. Wait until they
open the FEMA concentration camps, just found out they were
hiring the prison guards away from the state prisons in
montana to staff their FEMA camp there. If we want to take
our country back we better get going, because the USA as it
is today is almost unrecognizable.
Maxim Crux
Posted on December 31, 2011 at 8:31pmFascism is here
Report Post »mrsalvage2
Posted on December 31, 2011 at 8:06pmFargin Sominumbatching Federal Judges never heard of ‘Writs of Assistance’??????
“ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”
In response to the much-hated general writs, several of the colonies included a particularity requirement for search warrants in their constitutions when they established independent governments in 1776; the phrase “particularity requirement” is the legal term of art used in contemporary cases to refer to an express requirement that the target of a search warrant must be “particularly” described in detail.[21] Several years later, the Fourth Amendment to the United States Constitution also contained a particularity requirement that outlawed the use of writs of assistance (and all general search warrants) by the federal government.[22] Later, the Bill of Rights was incorporated against the states via the Fourteenth Amendment,[23] and writs of assistance were generally proscribed.
This is why a Wat Tyler Revolt will breack out under Magna Carta Articel 61 and the Lawyer Aristocracy will go first.
Report Post »Drakkhanlord
Posted on December 31, 2011 at 9:25pmCareful…truth is blinding…
Report Post »Firefighter 538
Posted on December 31, 2011 at 8:01pmMove along ….Nothing to see here…none of your concern….just your government at work….no problem here…Move along ….Nothing to see here…none of your concern….just your government at work….no problem here… Move along ….Nothing to see here…none of your concern….just your government at work….no problem here…
Report Post »1776freedomofspeech
Posted on January 1, 2012 at 5:33pmThank you Jedi Mind Tricker. These are obviously not the stories I was looking for.
Report Post »A Doctors Labor Is Not My Right
Posted on December 31, 2011 at 7:25pm“… if litigation were allowed to proceed against persons allegedly assisting in such activities, `the private sector might be unwilling to cooperate with lawful government requests in the future,’” Judge M. Margaret McKeown said.”
It’s only lawful if there is a warrant for the information, so this is unconstitutional.
Report Post »christos
Posted on December 31, 2011 at 7:12pmSan Andres is calling……
Report Post »AmericanStrega
Posted on December 31, 2011 at 7:09pmAnd the beat goes on….
Report Post »ARSILHOUETTE
Posted on December 31, 2011 at 7:00pmI read the first sentence that said a Federal Appeals Court……and knew that it had to be the liberal 9th out of CA. I continued to read and, of course I was right. The lliberals know where to take their cases….the 9th.
Report Post »sawbuck
Posted on December 31, 2011 at 6:18pmAnother Brick In The Wall.
Report Post »JustMel71
Posted on December 31, 2011 at 7:22pmMore like shackles around our lives. NSL (National Security Letter) The Patriot Act greatly expanded the use of the NSL and now NDAA put into law, wonder what’s next??
See, this is why I’m voting for Mr. Paul, our last hope. Thanks Mrs. Bachmann, liberty hating republican. Big government just expanded it’s reach into our lives & our liberties. Big win for government, major lost for us.
Report Post »JustMel71
Posted on December 31, 2011 at 7:29pmOh yeah, Happy Frigging New Year everyone! =(
Report Post »Psychosis
Posted on December 31, 2011 at 6:16pmwarrentless wire taps are a clear violation of the constitution
but, coming from the commie 9th circuit, im not surprised
Report Post »gothope
Posted on December 31, 2011 at 6:11pmwhere are all the liberals who condemned this kind of behavior 5 yrs ago
Report Post »gothope
Posted on December 31, 2011 at 6:13pmoh yeah the white house
Report Post »chips1
Posted on December 31, 2011 at 5:55pmIf any company needs info from me, they must ask for it in written form and if I want to answer it, it will be thru snail mail. Phone calls and e-mail isn’t accepted at my home.
Report Post »Snowleopard {gallery of cat folks}
Posted on December 31, 2011 at 5:41pmNinth circut court of appeals – socialist progressive supporters for the agenda of turning the nation into another Russia or China.
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