FISA; Welcome to 1984

Yesterday the US Senate passed legislation to be sent to the President for signature, which gives the big telephone companies immunity against lawsuits stemming from their work in allowing the US Government to unlawfully spy on domestic telecommunications in the USA on a massive basis. The Foreign Intelligence Surveillance Act shields telecommunications companies from being sued for sharing consumer information with the Federal government after 9/11 as part of the US Government’s secret eavesdropping program known as warrantless wiretapping.

The whole thing reminds me of the novel and movie titled “1984”? I wonder how much money our elected representatives collectively received from the telephone companies as a token of appreciation for their votes.
You should be very concerned with this precedent setting new law that both Michigan Senators voted against but all Republican senators voted for. More interesting, Barack Obama voted for the bill but John McCain didn’t vote at all.
It seems reasonable that if any corporation breaks the law, the people responsible and the corporation as an entity itself, should be held accountable. But this legislation is even more ominous because it gives the telecomm companies immunity from the law prior to any investigation as to what they did and who they did it for. No wonder the President is anxious to sign this bill. The possibilities for mischief and misuse of the data obtained in the secret and illegal wiretapping by the administration is exceeded only by the likelihood that the telecommunications companies themselves have found uses for secretly using the private data of millions of people. Imagine if you and your computer could know the contents of every e-mail, the telephone numbers dialed and received and credit card transactions of a specified individual or groups of people. And you have immunity from prosecution for anything illegal you did or may do in the future with this data. 
Now we will soon have FISA, featuring the Government and the telephone companies authorized by Congress to work together to spy on you. It’s a grim reminder of those horrible days when the old Soviet Union spied on its citizens, but with a much more efficient system! Hey, at least Guantanamo Bay is a lot warmer than Siberia!

Comments

[Jerry Scarborough]

Victor,

It was my understanding that the bill the Senate passed allowed Federal District Courts to decide whether any lawsuit against the telecomm companies. That may be a small point. But, it's not blanket immunity. Did I miss something in my reading of the Senate's vote?

[Vic Jackson]

Jerry:

To be immune from lawsuits, for either previous or future activity, all the telecoms have to do is show they received a letter from the government saying that the wiretapping was legal, which they all have received. Yes, the Federal District Courts can consider lawsuits, but they must dismiss them unless some other evidence of unlawful activity besides the wiretapping is presented.

[Aubrey Marron]

Vic,

Thanks for writing this. You are exactly right that all the companies have to do is produce such a letter, and they all have one. A Get Out of Jail Free Card!

[Dave Woods]

"I tremble for my country when I reflect that God is just; that his justice cannot sleep forever."

Thomas Jefferson

[Jon M.]

Before we blatantly point fingers at the government about potential misuse of our private data, I think we should even more so consider what private businesses do with their customer information. They sell and exchange their customer lists without any consideration whether we want our information to be shared.

Also, go on line and take a look at the various "people searches" on the internet. For a few dollars you can find out anything about anyone - addresses, unlisted phone numbers, court records, whatever. Even government agencies use these private data bases to get information on us. In most Western countries, particularly in Europe, it is illegal to collect such information or share customer lists. It is interesting to note that it is almost impossible to find such "people searches" on the internet for countries other than the US.

We have no privacy. We have been screwed less by the government than by private businesses who do it here quite legally.

[Vic Jackson]

Jon M: There is a world of difference between personal information available on an individual through corporate data collectors and the massive data collection techniques of the government spook agencies. By looking for patterns in billions of calls and e-mails, in conjunction with billions of credit card transactions and bank transactions, the government can determine who your friends are (even if you aren't part of a terror cell) and virtually all aspects of your personal life. If you are a rival politician, the data will tell who your supporters are and how much they have helped you financially and what your plans are for next week and a big bunch more.
FISA wiretapping is a whole new order of spying on the entire country at once with massive supercomputers. Just like in George Orwell's 1984.

[Michael Motta]

Vic,

Excellent piece. I accidentally took a generic Benedryl instead of a generic Advil, so I don't have anything to add. I usually take the former before I sleep, but the intention of sleep usually precedes the generic Benedryl rather than vice versa.

I spelled Schwarz like Schwarx on Melot's blog, but the cool thing is I don't really care right now.

[Jon M.]

Vic - If this Fed spying were blocked here it would be immaterial. The Feds already are able to bypass any legal blocks here by using the facilities in Britain known as Echelon. That facility is operated under UK law and supposedly is able to intercept any transmission of data and phone calls anywhere in the world. The Brits are not covered by our legal niceties and provide the NSA with whatever is needed. The intercepts done in the US, while perhaps more convenient or quicker, are not all that important.

[Ryan]

another example of GW destroying the constitution, or disregarding it

http://www.collegefastbreak.com/bj-mullens-hype-machine-warm-and-ready/