FISA with Telecom Immunity Passed

[Slingin Sammy 33]

Originally Posted by Sheriff Gonna Getcha

Granted, the telecom companies would have to defend the suits. But, frankly, the cost to defend the suits would not cripple those giants.

Also, I don't think the litigation would work out the way you think it would. For example, if there were no legitimate legal grounds for the suits, the courts could dismiss the matter as a matter of law. If a case is dismissed as a matter of law, a jury never hears it.

More importantly, if a constitutional right was infringed, should it not be discovered and people punished accordingly? If a constitutional right was not infringed, wouldn't it be a good thing to make it known that the spying program was above board? I think it's pretty sad when people don't want to know, or simply don't care, whether a government program runs afoul of the constitution.

Why should the telecoms be liable? Whatever they did was at the request/demand of the Federal government. If there's a constitutional issue it should be addressed one way or another, but it should be addressed with the Fed not a telecom.

The telecoms are corporations, at the end of the day all they care about is $$$. On their own, they are not taping any phones or intercepting communications (unless it's on a rival telecom for competitive info).

IMO here's the scenario the telecoms were making sure they avoid: A group of lawyers representing terrorist/anti-American interests (ACLU/CAIR) comes up with someone who has been "damaged" by the telecoms' actions of providing information to the Federal government (I would imagine any one of several terrorists in Federal custody would fit the bill). They create a lawsuit suing the telecoms for monetary damages and find a sympathetic district court, under a sympathetic appellate court (9th Circuit in CA). The lawsuit wins and is upheld on appeal. I don't think this is outside of the realm of possibility and the legal arms of the telecoms must not think it is either.

If one of these lawsuits was successful it would force the telecoms further restrict government to access their information for investigations involving national security. Also the costs of the judgements would be several million (passed to the American people in the form of higher rates).