http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200710/POL200
71011b.html
 
Immunity in Dispute for Telecoms that Tracked Terrorists 
By Monisha Bansal
CNSNews.com Staff Writer
October 11, 2007

Capitol Hill (CNSNews.com) - The U.S. House of Representatives is set to
vote next week on a bill that would revise surveillance laws passed in
August.

Republicans say the proposal would undermine the protections put in place in
the Protect America Act, which was signed into law in August. Democrats say
their bill will restore constitutional checks and balances to the way
electronic surveillance is used to gather intelligence.

Lawmakers on both sides of the aisle apparently are conflicted about whether
private telecom companies -- firms that aided government surveillance
efforts against suspected terrorists following 9/11 -- should be given
retroactive immunity from possible prosecution under various wiretapping
laws.

House Democrats introduced the RESTORE Act on Tuesday. The bill meets the
objectives that the administration and the Democrats support, said House
Majority Leader Steny Hoyer (D-Md.) at a press briefing on Wednesday. 

However, the White House reportedly is unhappy with the bill, because it
lacks a provision that would protect telecom companies from being prosecuted
for aiding the government after 9/11 in its surveillance of suspected
terrorists. The bill does, however, include a provision to protect the
companies in the future. It's the lack of retroactive protection that
worries the administration.

Cybercast News Service hit Capitol Hill Wednesday to ask members of Congress
if they would support giving the companies immunity, with the following
question: 

"Should the government ever prosecute communications companies for helping
the government intercept international communications with suspected al
Qaeda links in the years after 9/11?"

In response to a question from another news outlet, Hoyer said,
"Prospectively, obviously a company acting pursuant to law ought to be given
in my opinion immunity for complying with the law. With respect to
retroactive immunity ... that issue cannot be considered by the Congress of
the United States until such time as we know what we are being asked to give
immunity to." (
<http://cybercastnewsservice.org/cns/audio/2007/101007Hoyer.wav> Click here
to listen to his full statement)

"Perhaps no wrongdoing occurred, maybe everybody acted in good faith," Hoyer
added.

Rep. Dennis Kucinich (D-Ohio) told Cybercast News Service: "The
administration has essentially given the telecommunications companies a form
of amnesty. Since they have the protection of the administration and
cooperation with the administration, I don't know what kind of cause of
action we would have against them." (
<http://cybercastnewsservice.org/cns/audio/2007/101007Kucinich.wav> Click
here to listen to his full statement) 

Rep. Pete Hoekstra (R-Mich.), ranking member of the House Intelligence
Committee, called the bill "fatally flawed" but said "the telecommunications
companies need to abide within the law - whoever they are providing or
cooperating with. The U.S. government should never ask them to violate or
break the law and if [through] some other process they are found to have
violated the law, of course they're accountable for their actions." (
<http://cybercastnewsservice.org/cns/audio/2007/101007Hoekstra.wav> Click
here to listen to his full statement) 

But Rep. Adam Putnam (R-Fla.) said, "Under no circumstance should we punish
a company who assisted the highest levels of our government in the immediate
aftermath of the largest attack ever on our homeland for doing the right
thing, which has so far resulted in no additional attacks in the United
States." ( <http://cybercastnewsservice.org/cns/audio/2007/101007Putnam.wav>
Click here to listen to his full statement) 

Rep. Darrell Issa (R-Calif.) added, "Telecommunications companies clearly
participated in cooperating after 9/11. Within days of that cooperation
beginning now Speaker Pelosi and Jane Harman and others on both the
Republican and Democrat side in both the House and Senate were briefed in
detail. They're either co-conspirators or in fact they essentially,
constitutionally approved in a time of war - a time of uncertainty - the
need to protect America." (
<http://cybercastnewsservice.org/cns/audio/2007/101007Issa.wav> Click here
to listen to his full statement)


 



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