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No "get out of jail free" card for the phone companies

I only post a modest number of EFF news items here, because I know that if you want to see them all, you should be reading some of the EFF blogs such as deeplinks or or action alerts or EFFector or others.

However, something remarkable is happening. As you may know, we filed suit against AT&T because we have evidence they allowed the government to engage in a massive spying program within the US without warrants or other proper legal authority. Special secret rooms were installed in San Francisco and other locations, rooms under the control of the NSA, and massive data pipes with all internet traffic and more were forked and fed into these NSA rooms. We want to get to the bottom of this, and punish the phone companies if they violated the very explicit laws which were set up after watergate to stop the President from doing this exact sort of thing. Congress told the phone companies that Nixon showed us we can't trust the President all the time, and so they have a duty to protect their customers as well, even if the President tells them not to.

But as our lawsuit has progressed, forces are pushing Congress to not just enable this spying, but to grant a retroactive amnesty on the phone companies that violated the law. In one sense I am glad our lawsuit has scared them so much -- you know you are on to something when they try to get congress to pass retroactive laws to stop your lawsuits -- but the enormity of such action boggles my mind.

The phone companies and White House are pushing for a "get out of jail free" card for their past activity. Whatever you think about the need for such massive surveillance, retroactive immunities are something else entirely. Allowing such immunities will let the President tell people, "Don't worry whether this is illegal or not. As you can see, I can make it legal." Congress might give him the proof he needs to back up such claims. It doesn't matter that he won't be able to "make it legal" every time he promises it. The fact that he did it this time is still going to get more people to feel at less risk in joining illegal conspiracies. It undermines the rule of law.

The American people need to convince their Senators and House members not to do this. If your rep has already decided they like the surveillance program -- even if you have decided you like it -- they must realize this get out of jail free card is a horrible idea.

You can use our action alert system to find your rep and their phone numbers, and give them a call. Calls matter the most. See if your reps are on the right committees and talk to them about it.

The house was ready to pass a bill without immunity and pro-immunity forces scuttled it and are pushing to get it added. Call House Members

The Senate Intelligence community passed a bill with Telco immunity in it. The Judiciary committe is now looking at it. Call Senate Members

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