Shell game: Surveillance stance risks U.S. security
Shell game: Surveillance stance risks U.S. security

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The Oklahoman Editorial
Published: March 18, 2008

THE Democrat-controlled U.S. House, which has balked at giving retroactive immunity to telecommunications companies that cooperated with the government's warrantless surveillance program, offered little more than some sleight of hand last week.

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Under legislation that eked by on a 213-197 vote Friday, firms could defend themselves from dozens of lawsuits in secret, before a judge but without the plaintiffs present. In Washington, the Democrats' tactic is known by its scientific name: the fig leaf.

They're having to cover up because the Senate already passed legislation with telecom immunity, as the White House requested. The larger measure modernizes the law governing surveillance of suspected enemies' communications.

The House is standing alone. (We note Rep. Dan Boren was one of 12 Democrats breaking ranks with leadership to vote no). The House's bill probably won't get through the Senate, and President Bush will veto it if it does.

While House leaders say they're defending citizens' privacy, they're also defending a core constituency — trial lawyers, who know a juicy target when they see one. The result is legislation that would do nothing to keep telecom companies from being sued in the future for helping efforts to monitor America's enemies.

House leaders reportedly believe their position is strong enough to defy the Bush administration on a key security issue in an election year. Instead of political calculations, they should be calculating the effect on the country's security.

Without private-sector cooperation, intelligence officials say, the government's surveillance efforts will be hampered. No CEO will permit such cooperation if it risks legal exposure.

Democrats risk exposing themselves. They're betting the issue is too technical for many Americans to follow. Republicans, who probably haven't been grateful enough for the national security edge Democrats have ceded them over the years, surely will take that bet.


 


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those who would give up liberty for a small amount
security, deserve neither liberty nor security.
bush is just the idiot ben was speaking of.
don, okc - Mar 21, 2008 at 8:29 pm
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Since the Oklahoman's continues to support exempting private companies from litigation for violating contracts with THEIR customers, I just wonder what the Oklahoman has done to their customers. Hmm... usually these editors strongly favor protecting citizen's rights (gun control comes to mind)... or maybe they're still drinking the Bush Administration Kool-aid.
Concerned, Central Oklahoma - Mar 21, 2008 at 1:48 pm
Under the current LAW the government could tap the phones for 3 days before getting a warrant. The continued taps were ILLEGAL. If the government can't meet its burden within 3 days then they should not get a blank check. The Quislings at the phone companies that acquiesced to this scheme should be held accountable.
Dan Boren did break ranks just as the phone companies did. Qwest stood for the constitution just like the Democrat majority. That ol' DOK and GOP saw about trial lawyers does not hunt either. The current lawsuits over these illegal wiretaps are being filed by the non-profit ACLU. As for the national security edge. 90% of our fighting forces are in IRAQ. A country that was not a threat to us. Meanwhile 10% of our forces are in Afghanistan. This is the country where the attacks on 9/11 were launched. The GOP oversaw this cut and run from Afghanistan. Where is Bin Laden and why have we not captured him, Mr. President?
John, Norman - Mar 19, 2008 at 9:59 pm
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Under the current LAW the government could tap the phones for 3 days before getting a warrant. The continued taps were ILLEGAL. If the government can't meet its burden within 3 days then they should not get a blank check. The Quislings at the phone companies that acquiesced to this scheme should be held accountable.
Dan Boren did break ranks just as the phone companies did. Qwest stood for the constitution just like the Democrat majority. That ol' DOK and GOP saw about trial lawyers does not hunt either. The current lawsuits over these illegal wiretaps are being filed by the non-profit ACLU. As for the national security edge. 90% of our fighting forces are in IRAQ. A country that was not a threat to us. Meanwhile 10% of our forces are in Afghanistan. This is the country where the attacks on 9/11 were launched. The GOP oversaw this cut and run from Afghanistan. Where is Bin Laden and why have we not captured him, Mr. President?
John, Norman - Mar 19, 2008 at 9:55 pm
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Military intelligence is necessary in this war against Islamic extremists. These phone intercepts were made by known terrorists outside the US to people inside the US. I would hope that the we would listen in to these conversations to find if there is a threat to this country. Does the military need a subpoena to listen in to an enemies radio transmission? Do they need a warrant to take prisoners of war?mSince you can bring a meritless lawsuit against a company even for legal acts, the immunity is to prevent the telecoms from having to spend money on a frivolous case.
Robert, Edmond - Mar 19, 2008 at 4:52 pm
Leave it to the Oklahoman editorial board to ignore constitutional law and embrace the neverending efforts of the Amerikkkan brownshirts to turn this great country into a Big Brother police state. See ya in the camps!
Andrew, Lawton - Mar 18, 2008 at 9:54 am
Of course, the Oklahoman editorial board is going to bring up the old bugaboo of trial lawyers. The telecom companies are already covered for their actions if they were following a lawful action/request by hte US government. What the insistance on retroactive immunity tells the world is that the US government knew that its actions were NOT legal.
Jay, Oklahoma City - Mar 18, 2008 at 6:14 am
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