Comments on: Legal Revisionism

By: Annyday

Annyday — Sat, 01 Mar 2008 09:14:45 +0000

120 x 25000 = 3 million, not the 300 million of US population. I think you’re off by a bit, unless I’m missing something like the birthday paradox entering into your phrasing.

As a side note, I’m pretty sure I’ve known at least two or three people being monitored under recent legislation. I know a somewhat disproportionate number of Muslims and student activists, and you know the government doesn’t like them.

By: Austringer

Austringer — Fri, 29 Feb 2008 17:22:29 +0000

Yes, but remember that this is the same group of legal eagles who believe that re-naming torture as “interrogation methods” makes it not torture any more. They haven’t exactly excelled at anything except, “If the boss wants to do it, it must be legal.”

By: wolfwalker

wolfwalker — Fri, 29 Feb 2008 14:43:26 +0000

I’m not clear on the details of the telecom-immunity clause either. However, I _think_ it’s primarily aimed at companies that aided in the so-called “warrantless wiretapping” program. That program was thought to be legal at the time it was instituted, but political hacks seeking a political advantage chose to portray it as being clearly illegal — in which case any telecom companies that cooperated would be liable and subject to lawsuit. Bush dropped the program when it became a political football, but neither he nor his allies on the Hill have ever wavered from their belief that the program was legal. They don’t believe that any telecom should be sued for cooperating with a program that it was told was legal.

By: Austringer

Austringer — Thu, 28 Feb 2008 19:06:52 +0000

I heard that in follow-up discussion, that they have 72 hours to make a warrant request to FISA following starting a warrantless wiretap, and that they can compel cooperation of companies. All in all, I really don’t see why we need an explicit ceding of our already-shredded personal privacy rights.

By: Dave S.

Dave S. — Thu, 28 Feb 2008 18:38:00 +0000

I’m not sure about this, but I don’t recall that FISA usage supports the president’s assertions. The great preponderance of warrant requests were granted, and I don’t recall that there was any appreciable delay in the FISA court granting warrants.

Wes –

Isn’t it the case that they can even get a FISA warrant retroactively?