Positive Steps on the FISA Fight

by: Matt Stoller

Tue Oct 30, 2007 at 12:56


I spent some time today collecting the list of 19k people who signed the noretroactiveimmunity.com petition to hand in with the letter to the Senate Judiciary Committee.  Last week was really quite a stunning outburst, and with all petitions in from various groups at least three hundred thousand people have petitioned their government not to grant amnesty to corporate interests who spy on us.

It's working.  Here's an article from The Hill a DC insider publication.

The Senate Intelligence panel has approved a bill that would establish new procedures for court warrants for foreign-intelligence surveillance on Americans, but some of those provisions did not go far enough to satisfy some liberal Democrats and civil liberties groups.

Most controversial, however, was the measure's inclusion of a provision that would grant retroactive immunity for telecommunications firms that participated in the National Security Agency's warrantless eavesdropping program after the September 2001 terrorist attacks. Although the Intelligence panel saw the internal White House documents on the NSA program before it voted on the bill, most freshmen are unlikely to see those papers. That puts them in a tough spot as they decide whether to support a Bush-backed provision to wipe away about 40 lawsuits accusing the companies of giving away private information to the government.

"I'm a little bit concerned  ... of fear-mongering and politics by the Bush administration and an enormous amount of confusion kicked up around this," said Sen. Sheldon Whitehouse (D-R.I.).

Whitehouse joined 12 of his colleagues in voting for the Intelligence panel's bill earlier this month. He signaled that there would likely be efforts to alter that language when the Judiciary Committee considers the bill in coming weeks.

Whitehouse is one of the people who voted for retroactive immunity in the Senate Intelligence committee, so it's good he's having second thoughts.  It looks like various freshmen understand that the Republicans are going to throw the terrorism card at them no matter what they do.

"Republicans are going to say we're weak on terror - that's their rhetoric, that's what they're going to say," said freshman Rep. Jason Altmire (D-Pa.), who voted for the PAA and is planning on supporting the leading House bill.

Altmire is one of the more conservative House freshmen, a 'Bush Dog', so it's a positive sign that he's aware of the fearmongering going on and the strategic stupidity of knuckling under to it for political expediency.

I'd be impressed if Congress managed to hold firm on this.  I don't know if they will, but activism works.

Matt Stoller :: Positive Steps on the FISA Fight

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Basic problem remains (0.00 / 0)
That is, getting to 60 votes in the Senate on any bill.

No bill, no immunity: but if no bill was zip-ah-dee-doo-dah from the Dem perspective, why that incredible panic before the recess to get a bill - any bill?

Denying telco immunity started off as a piece of hostage-taking to extract details of past activities from the WH. Putting it in the bill is the obvious compromise move down the line - the WH have already showed some stuff to their buddies in the SIC, after all.

It's up to the leaderships which way to herd their guys.

But I can't think Hill (or whoever the presumptive prez candidate is next spring) will want to leave a flank open on FISA. And the leaderships would be foolish not to take that into account.


Immunity can be a huge bargaining chip (0.00 / 0)
Get not only tweaks in FISA, but substantive improvements in the Wiretap Act, creating statutory protection for location data ciolleted by cellphone and other wireless systems.



This is a Test of the Emergency Free Speech System. This is only a Test. In an actual Free Speech Emergency, I'll be locked up.


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