Never let it be said that spy snoops don't remember their friends. In fact the nation's top spy proposes to hand a "get out of jail free" card to any telecommunications company that helped spy on Americans in the last 6 years. The provision would retroactively immunize telecoms that are being sued with some success for allegedly turning over whole databases of domestic phone call records and helping the govenrment spy on Internet traffic and cross-border phone calls in violation of the nation's privacy laws.
The gift is included in yet another package of proposed relaxations (.pdf) to the country's surveillance laws. According to a press release (.pdf) from Mitch McConnell's office at the Office of Director of National Intelligence, the changes are "important to ensure that [the Foriegn Intelligence Surveillance Act] continues to serve the nation as a means to protect our country from foreign security threats, while also continuing to protect the valued privacy interests and civil liberties of persons located in the United States."
This comes from an Administration that continues to believe that the President does not actually have to obey FISA in a time of war -- which given the definition of 'War on Terror' means never. I wonder if there was much debate internally about including the giveaway, as it all but confirms that the telecoms that turned over databases of domestic call records and allegedly their facilities to the NSA did so illegally.
The text of the proposed present is after the jump:
SEC. 408. LIABILITY DEFENSE.
(a) IN GENERAL.—Notwithstanding any other law, and in addition to the immunities, privileges, and defenses provided by any other source of law, no action shall lie or be maintained in any court, and no penalty, sanction, or other form of remedy or relief shall be imposed by any court or any other body, against any person for the alleged provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or any other form of assistance, during the period of time beginning on September 11, 2001, and ending on the date that is the effective date of this Act, in connection with any alleged classified communications intelligence activity that the Attorney General or a designee of the Attorney General certifies, in a manner consistent with the protection of State secrets, is, was, would be, or would have been intended to protect the United States from a terrorist attack. This section shall apply to all actions, claims, or proceedings pending on or after the effective date of this Act.
Photo: Killjoy
