FISA again

I just can't leave it alone . . .

The Senate and House are kicking around bills amending FISA (properly this time - or so we hope). The RESTORE Act is looking alright at least for now. But we (that's you and I and any ears you can bend to the cause) need to ensure that any amendment doesn't provide retroactive immunity for complicit telecommunications companies.

"What!?," you might be thinking.

That's right, the Administration is threatening to VETO any bill that doesn't provide retroactive immunity to the companies that bent over backward (or was that forward?) to break the law for them. Apparently it's okay to break the law as long as someone in the Administration asks you to - didn't you know?

Here's the missive I fired off to my beloved Senator Klobuchar (as usual, I'll post any substantive replies).

BTW, I hope she's feeling penitent for her vote on the original FISA bill and stops making the stupid "balance between safety and civil liberties" argument. It's a lousy argument. That's right Senator, even we dunderhead constituents don't buy it. STOP ALREADY! It's insulting:

Senator Klobuchar,

A few months ago I wrote to tell you how appalled I was at your 'yea' vote on the now widely excoriated FISA act (S.1927). Today I'm writing to urge that you vote 'nay' on any further FISA amendment that provides retroactive immunity for telecommunications companies complicit in illegal domestic surveillance.

If we are to pay more than lip-service to the idea of the rule of law, then these companies must be allowed to defend their actions in a court of law. It is only by enabling the efforts of public service organizations like the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) to pursue their legal actions unhindered by legislative interference that the extent of illegal activity can be uncovered.

Moreover, unlike AT&T and others, some telecommunications companies (like Qwest Communications) allegedly refused to participate in illegal surveillance; knowing it to be illegal. Beyond refusing to grant retroactive immunity, the Senate should undertake to investigate possible retributive actions taken by surveillant agencies against telecommunications companies that refused to participate in their illegal surveillance.

I urge you to investigate.

Providing immunity to complicit telecommunications companies would effectively endorse illegal activity at the behest of our government, encourage future illegal activity, and (most importantly) undermine the rule of law in our land.

Please do not allow these companies to evade the rule of law. Do the right thing.

Sincerely,

Mischa Beitz