Yesterday, the Supreme Court shut the door on a legal odyssey that lasted over six years, when they refused to reopen a case attempting to hold private telecommunications companies accountable for their participation in the Bush Administration’s warrantless wiretapping program.
The justices, without comment, declined to review a lower court’s December decision (.pdf) dismissing the EFF’s lawsuit challenging the NSA’s warrantless eavesdropping program. At the center of the dispute was 2008 congressional legislation retroactively immunizing the telcos from being sued for cooperating with the government in a program President George W. Bush adopted shortly after the September 2001 terror attacks.
After Bush signed the legislation and invoked its authority in 2008, a San Francisco federal judge tossed the case, and the EFF appealed. Among other things, the EFF claimed the legislation, which granted the president the discretion to invoke immunity, was an illegal abuse of power.
The warrantless wiretapping program basically dropped off the news pages after the passage of the FISA Amendments Act in 2008. But for those of you not around before then, this was a major cause of the progressive blogosphere. But it failed, as telecom immunity passed. EFF gallantly attempted to overturn the law and cancel its immunity for the telecoms, but to no avail. Basically, both political parties wanted the controversy to go away, and then it did.
For all we know, we still have a warrantless spying program, though because of the lack of accountability, we don’t know the full contours of it. We think that it probably includes some level of data mining, the gathering of massive amounts of private communications, including from innocent Americans, and analyzing them for certain content. Geotargeting through cell phone data could also be a feature. There’s a high confidence that the email, phone and text messages of potentially everyone in the country has been compromised at some level. Both the Bush and Obama Administrations have protected the knowledge of this as a state secret, so we cannot be certain about the specific nature of the ongoing surveillance. We do know there’s been a huge spike in electronic warrantless surveillance of late.
There’s one last strand remaining, in an EFF lawsuit against the government rather than the immunized telecoms, which currently sits in front of a district court judge. A hearing has been scheduled for next month. But judges typically grants a lot of deference to the government on the grounds of state secrets, and you can expect the Obama Administration to invoke that privilege.
But the telecom industry will never feel any accountability for their collusion with the federal government on warrantless surveillance. The political class saw to that.




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so much for the threat/justification used by supporters of legacy party hacks regarding supreme court appointments & throwing your ‘vote’ away – -
woo-hoo, duopoly!
No one that Obama/Romney appoints to a vacancy of the SC in the next four years will be disapproved of by the 1%.
If you haven’t done anything wrong you don’t have anything to worry about!
I remember how the people thought that the right wing would be attacking Obama for doing these things. Because it’s one thing for a Republican to monitor your communications, “For the good of the country” it’s another thing for a Muslim democrat black president to do the same.
Also anyone who thought that Obama would give up power or control that Bush had was fooling themselves.
I know the lawyers working on the EFF case and he told me that one of the tactics that they could have used at one time was to assign a monetary value to each breach of privacy. It could run into the billions of dollars very easily. That is another reason that they wanted to get the immunity. They would have to pay billions if they didn’t.
No one is watching the watchers now.
“The justices, without comment, declined to review a lower court’s December decision …” from the “Wired” reporting.
Both acmerecords and BSbafflesbrains have essentially laid out the “political” facts.
Welcome to the “National Security” state.
Keeping “tabs” on us, secretly AND “legally” to “keep us safe” from ourselves …
And, the BIG differences between Bush and Obama are …?
And, the Big differences between Obama and Romney will be …?
A matter of very little “degree”.
DW
This post by Emptywheel seems, somehow germane, spocko.
http://www.emptywheel.net/2012/10/09/is-obama-preparing-the-vote-for-me-or-mitt-will-indefinitely-detain-you-pitch/
DW
As does Kevin’s below Green is the new red.
Absolutely, BSbafflesbrains.
There is a very clear and appalling “overlap”, which is, as yet, apparently, not yet clear and obvious, as well as odious, to enough citizens, especially in a “season” such as the one we are “enjoying” these days …
DW
ahhh…room 641A, go in as a small d democrat and come out the other side wearing a brownshirt -
may want to google :
the Narus Corporation – redstateupdate reported in 2006 …
“The manufacturer of the equipment installed in the secret enclosure, Narus, of Mountain View, California, says that its filters can scan billions of bits of internet traffic per second, including e-mails and e-mail attachments.”
it’s all true
Just as a quick FYI, the hearing in the EFF case, Jewel v. NSA, has been postponed from Nov. 2 until Dec. 14 (the parties sought an extension to Nov. 9, but the judge moved it back an another five weeks). In the government’s brief filed last month, the DOJ did indeed assert the state secrets privilege, making it very likely indeed that the judge will ultimately dismiss the lawsuit on that basis.
FYI,
Harper’s Index, 2011 -
In fact, no one has been convicted on terrorism charges as a result of the changes in the laws. All our previous laws served to do the job and get convictions.
Whoever O appoints to the bench will be confirmed. Because he works for the 1%, and he will appoint only corporatists, as the 1% have commanded.
Kagan and Soto are both corporatists.
In the next 4 years, he will appoint more corporatists.
Can’t verify election results.
They can and do monitor everything we say or do.
They of course just use national security as an excuse for everything, including torturing and killing American citizens.
And people still believe we live in a democracy? Ok, I guess my definition/idea of democracy is different than others.
The descent is going to be long and “bumpy”.