FEINGOLD AMENDMENT WOULD STRIKE RETROACTIVE IMMUNITY
FOR TELECOMS
Amendment to FISA Legislation Before Senate Judiciary Committee
Would Allow Courts to Rule on Warrantless Wiretapping
November 14, 2007
Washington, D.C. – U.S. Senator Russ Feingold will offer an amendment
in the Senate Judiciary Committee tomorrow to strike retroactive immunity
for telecommunications companies alleged to have assisted with the President’s
illegal warrantless wiretapping program. The retroactive immunity provision,
included in the current version of the FISA Amendments Act being considered
by the committee, would likely deny the courts the opportunity to review
the warrantless wiretapping program. Lawsuits against private entities
alleged to have cooperated with the program may provide the only avenue
for judicial oversight of the program.
“Granting retroactive immunity for companies that allegedly went
along with this illegal program is unjustified and undermines the rule
of law,” Feingold said. “Not only would retroactive immunity
set the terrible precedent that breaking the law is permissible and
companies need not worry about the privacy of their customers, but it
would likely prevent courts from ruling on the President’s illegal
warrantless wiretapping program. This program was one of the worst abuses
of executive power in our history, and the courts should be able to
rule on it once and for all.”
Current law already provides immunity from lawsuits for companies that
cooperate with the government’s request for assistance, as long
as they receive either a court order or a certification from the Attorney
General that no court order is needed and the request meets all statutory
requirements. This limited immunity already protects companies that
act in good faith while also protecting the privacy of Americans’
communications.
“We want companies not only to cooperate with the government,
but to comply with the law. And we want the government to comply with
the law as well. Granting retroactive immunity sends exactly the wrong
message,” Feingold added.
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