Spy bill to shield phone companies from lawsuits

US telephone companies that took part in President George Bush's warrantless domestic spying program could be shielded from billions of dollars in lawsuits under a electronic spy bill finalized on Thursday by congressional and White House negotiators. Under the measure, federal courts would determine if the evidence supports protection of companies from civil liability. They would be able to dismiss a suit if there is written certification that the White House asked a company to participate and assured it of the legality of the warrantless surveillance that President Bush secretly began after the September 11 attacks. The bill would provide the most sweeping overhaul of U.S. spy powers in decades. In addition to court review of lawsuits, it would increase judicial and congressional oversight of U.S. intelligence activities and bolster protection of civil liberties -- but not as much as some advocates would like. A vote on the bipartisan bill was set for Friday in the House of Representatives, which was expected to approve it overwhelmingly. It would then be sent to the Senate, which is expected to give it final congressional approval next week and send it to President Bush to sign into law.
http://www.reuters.com/article/politicsNews/idUSN1929314820080619

CDT URGES CONGRESS TO REJECT FISA AMENDMENT LEGISLATION
[SOURCE: Center for Democracy and Technology]
CDT urged Congress to reject legislation to amend the Foreign Intelligence Surveillance Act that is expected to be voted on in the House tomorrow and in the Senate next week. The legislation fails to give the FISA court adequate authority to ensure that the Americans are protected against unjustified surveillance of their communications. It also provides immunity to telecommunications carriers that assisted with warrantless surveillance for years after the 9/11 terrorist attacks. June 19, 2008
CDT Statement on FISA Amendment Amendments Act, June 19, 2008: http://cdt.org/press/20080619press.php

THE INTELLIGENCE DEAL
[SOURCE: Wall Street Journal, AUTHOR: Editorial staff]
[Commentary] The best news about yesterday's White House-Democrat deal on overseas eavesdropping is that the ACLU and the anti-antiterror Internet mob are apoplectic. This can only be good for U.S. national security. Too bad the compromise also comes at the cost of a further erosion of Presidential war powers. It is a gift to the next President, who won't have to spend capital battling those who think that letting our spooks read al Qaeda's email inevitably means that Dick Cheney is bugging your bedroom. On the bright side, the deal gives crucial immunity to the telecom companies that in good faith assisted this surveillance after 9/11. A reality of this Internet era is that the feds need these private companies to monitor terrorists; our spies can't merely bug the phones of Russian spies like they could during the Cold War. The left understands this and has hit the companies with some 40 lawsuits in an attempt to shut down the surveillance by the backdoor, without a political debate that voters might understand. The telecom (and other) companies have thus made it clear that they can't afford to cooperate any longer without immunity. And so the deal will let the companies escape the lawsuits, for past and future cooperation, if they present to a federal judge a certification from the Attorney General that they are helping at federal request. The eavesdropping orders that expire in August can thus be renewed, so our security services won't have to "go dark" over the global antiterror battlefield.
http://online.wsj.com/article/SB121391891056390329.html?mod=todays_us_op...
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A BETTER SURVEILLANCE BILL
[SOURCE: Washington Post, AUTHOR: Editorial staff]
[Commentary] Congressional leaders of both parties should be commended for drafting legislation that brings the country's surveillance laws into the 21st century while protecting civil liberties and preserving important national security prerogatives. The bill is scheduled to be voted on today in the House, and it deserves to pass. Striking the balance between liberties and security is never easy, and the new FISA bill is not perfect. But it is a vast improvement over the original law and over the earlier, rushed attempts to revise that law. It also provides some welcome evidence that congressional leaders remain capable of achieving delicate compromise in the national interest.
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/19/AR200806...
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