EFF: Don't protect US telcos from spying lawsuits

02 Dec 2008 11:46

The Electronic Frontier Foundation will argue in a US court that it's unconstitutional to shield telecoms firms that helped the Bush administration unlawfully spy on Americans

The Electronic Frontier Foundation, a US-based advocacy group for internet users, is expected to argue in a US court on Tuesday that it's unconstitutional to prevent Americans from suing the telecoms companies that allegedly helped the federal government unlawfully spy on them.

The US Foreign Intelligence Surveillance Amendments Act gives telecoms companies retroactive immunity for opening their networks to the National Security Agency.

The telecoms companies can walk away from lawsuits as long as the government claims the request was "lawful" and authorised by the president. Before the law was passed, the Electronic Frontier Foundation (EFF) brought a lawsuit against AT&T, currently before the 9th US Circuit Court of Appeals in San Francisco.

"The flawed [statute] improperly attempts to take away Americans' claims arising out of the First and Fourth Amendments," EFF states on its website. "[The law] violates the federal government's separation of powers as established in the Constitution, and robs innocent telecom customers of their rights, without due process of law."

Opponents have said that the law is an endorsement by both major political parties of illegal surveillance conducted by the Bush administration. Among the US senators who supported the law was president elect Barack Obama.

Under the law, no lawsuit may proceed against any "electronic communication service provider" if either one of two conditions is met. The first is that the company provided assistance "in connection with an intelligence activity" authorised by the president between 11 September, 2001, and 17 January, 2007, when the wiretap programme was altered to include more judicial oversight.

The second condition is met if a company received a "written request" from the US Department of Justice saying the activity was lawful and authorised by the president.

Story URL: http://news.zdnet.co.uk/communications/0,1000000085,39568429,00.htm