Senate OKs immunity for telecoms

(Gold9472: It's just a coincidence that everything they do benefits the corporations.)

Published: Tuesday February 12, 2008

With just a few days until a stop-gap surveillance measure expires, the Senate finally seemed ready to acquiesce to President Bush's demand that telecommunications companies that helped him spy on Americans be let off the hook.

On Tuesday, the Senate struck down several proposals to strip retroactive immunity from an update to the Foreign Intelligence Surveillance act and seemed ready to pass a final bill. However, the FISA update still needs to be squared with the House, which passed an immunity-free version several months ago and remains opposed to the proposal.

The Senate actions would shield from lawsuits telecommunications companies that helped the government eavesdrop on their customers without court permission after the Sept. 11 terrorist attacks.

After nearly two months of stops and starts, the Senate rejected by a vote of 31 to 67 an amendment sponsored by Sens. Chris Dodd (D-CT) and Russ Feingold (D-WI) that would have stripped a grant of retroactive immunity to the companies.

Also voted down were amendments that would have shielded the companies from most aspects of the lawsuits while still maintaining some judicial oversight of Bush's program, which critics say violated privacy and telecommunications law. On a 30-68 vote, the Senate rejected a proposal from Sens. Arlen Specter (R-PA) and Sheldon Whitehouse (D-RI) that would have made the government stand in as defendant in those suits. The Senate then rejected an amendment to allow the FISA court to determine whether the companies did, in fact, respond in "good faith" to government requests; that proposal from Sens. Dianne Feinstein (D-CA), Bill Nelson (D-FL) and Ben Cardin (D-MD) failed on a 41-57 vote.

Sens. Barack Obama (D-IL) and John McCain (R-AZ) took some time from campaigning for Tuesday's slate of "Potomac Primaries" in Maryland, Virginia and Washington to swing by the Capitol and vote on the amendments. Obama supported the immunity measure. McCain opposed it.

Hillary Clinton did not vote on the immunity issue at all.

President Bush has promised to veto any new surveillance bill that does not protect the companies that helped the government in its warrantless wiretapping program.

About 40 lawsuits have been filed against telecom companies by people alleging violations of wiretapping and privacy laws.

Telecom immunity must still be approved by the House; its version of the surveillance bill does not provide immunity.

The government's post-9/11 Terrorist Surveillance Program circumvented a secret court created 30 years ago to oversee such activities. The court was part of the 1978 Foreign Intelligence Surveillance Act, a law written in response to government abuse of its surveillance authority against Americans.

The surveillance law has been updated repeatedly since then, most recently last summer. Congress hastily adopted a FISA modification in August in the face of dire warnings from the White House that changes in telecommunications technology and FISA court rulings were dangerously constraining the government's ability to intercept terrorist communications.

Shortly after its passage, privacy and civil liberties groups said the new law gave the government unprecedented authority to spy on Americans, particularly those who communicate with foreigners.

That law expires Feb. 15, the deadline against which the Senate is now racing to pass a new bill.

In a separate voice vote Tuesday, the Senate expanded the power of the court to oversee government eavesdropping of Americans. The amendment would give the Foreign Intelligence Surveillance Court the authority to monitor whether the government is complying with procedures designed to protect the privacy of innocent Americans whose telephone or computer communications are captured during surveillance of a foreign target.

The House approved its own update last fall, and differences between the two remain to be worked out, approved by both houses, and delivered to the president for his signature.