[RP TownTalk] Md senator helps pass Telecom immunity
cranky old coot
lking at knob.com
Sat Feb 16 19:48:32 UTC 2008
Getting tired of partial quotes -- so here is one more cut and past from
the link. In addition to the dates, I see several conditions, and a
review process by the courts.
Now I admit I stopped reading about here. I'm beginning to believe that
the real issue is trust in the government. If that is true, then there
is nothing to be gained by discussion.
Those that are objecting to FISA, or the "Protections for Electronic
Communication Service providers", I'm guessing would have also been
apposed to similar procedures used during WWI and WWII. At that time
all cable traffic to and from Europe was intercepted, decoded and
read. All mail to/from Europe was selectively opened, decoded, read and
resealed. There are several books on the subject and the contribution
to the "war effort."
COC
S. 2248: FISA Amendments Act of 2007
TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS
*SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.*
(a) Limitations-
(1) IN GENERAL- Notwithstanding any other provision of law, a
covered civil action shall not lie or be maintained in a Federal
or State court, and shall be promptly dismissed, if the Attorney
General certifies to the court that--
(A) the assistance alleged to have been provided by the
electronic communication service provider was--
(i) in connection with an intelligence activity
involving communications that was--
(I) authorized by the President during the
period beginning on September 11, 2001, and
ending on January 17, 2007; and
(II) designed to detect or prevent a terrorist
attack, or activities in preparation for a
terrorist attack, against the United States; and
(ii) described in a written request or directive from
the Attorney General or the head of an element of the
intelligence community (or the deputy of such person)
to the electronic communication service provider
indicating that the activity was--
(I) authorized by the President; and
(II) determined to be lawful; or
(B) the electronic communication service provider did not
provide the alleged assistance.
(2) REVIEW- A certification made pursuant to paragraph (1) shall
be subject to review by a court for abuse of discretion.
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