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Old 06-20-2008, 10:49 AM   #1 (permalink)
n00blet chef
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Default Retroactive Immunity to Wiretapping Telecoms


H.R. 6304 has passed The House of Representatives, I hope it dies in the Senate. It grants immunity to phone companies who helped the government wiretap.

Section 802(a) provides:
[A] civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be properly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that . . .(4) the assistance alleged to have been provided . . . was --

  • (A) in connection with intelligence activity involving communications that was
    • (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007 and
      (ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States" and
    (B) the subject of a written request or directive . . . indicating that the activity was
    • (i) authorized by the President; and
      (ii) determined to be lawful.
It passed 293-129.



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