[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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