Elliot D. Cohen: Media Mum While Congress Considers Giving Telecoms Blank Check to Eavesdrop

[babylonsister]

http://www.buzzflash.com/articles/contributors/1373

Elliot D. Cohen: Media Mum While Congress Considers Giving Telecoms Blank Check to Eavesdrop
Submitted by BuzzFlash on Thu, 10/11/2007 - 10:28am. Guest Contribution

A BUZZFLASH GUEST CONTRIBUTION
by Elliot D. Cohen

The recently passed "Protect America Act of 2007" (S. 1927), an amended version of the 1978 FISA Act, which has authorized warrantless eavesdropping by the government on overseas communications placed or received by Americans, has also explicitly authorized its doing so with the assistance of the telecom companies. Now, as Congress considers changes to this hastily approved legislation, these giant companies, backed by the White House, are lobbying to obtain retroactive immunity for their illegal surveillance activities. If Congress includes language granting such immunity in a newly amended FISA act, these companies could be given a blank check to assist government in violating Americans' Fourth Amendment rights without possibility of judicial oversight or review. Unfortunately, the mainstream corporate media have given meager coverage of the story.

What the mainstream corporate media have consistently omitted and side-stepped, even in cases where the story has been broached, is how, with passage of such legislation, the giant telecoms could be granted retroactive legal immunity against eavesdropping, not only on Americans' overseas e-mail and phone conversations, but also on their domestic (in-nation) telephone and e-mail exchanges, including local telephone calls. Depending on how the language is cast, the provision of immunity could extend beyond foreign surveillance notwithstanding its inclusion in an amended version of a foreign surveillance act. And there is clear indication that this is exactly what the Bush administration is seeking.

Currently pending before the 9th Circuit is Hepting v. AT&T, a class action suit filed in January 2006 against AT&T by the Electronic Frontier Foundation (EFF) for collaborating with the National Security Agency (NSA) in electronically eavesdropping on the communications of millions of Americans, both domestic and overseas, as these messages pass through secret NSA surveillance rooms hidden deep inside major AT&T hubs in the U.S. The White House, which is not itself a party to the suit, has so far unsuccessfully attempted to have the suit dismissed by claiming that top secret information would otherwise be revealed. Now it is attempting to use Congress as a backdoor to block the suit. If AT&T is given such sweeping retroactive legal immunity by Congress, then the plaintiff in Hepting, as well as in as many as 54 other suits now pending against AT&T, will no longer have a legal cause of action.

The Bush administration has so far succeeded in "legally" canceling Fourth Amendment protections against warrantless eavesdropping on Americans' overseas communications. The current attempt to gain retroactive immunity for AT&T is accordingly its latest attempt to continue down the same slippery slope. Unless Congress refuses to enact such legislation, Americans may no longer have cause for civil action against telecoms that, under mandate from federal government, violate their privacy by eavesdropping on any and all of their personal telephone conversations and e-mail exchanges.

Unfortunately, there is a strong probability that quid pro quo and favor trading between government, mainstream corporate media, and the telecoms will preempt a just outcome of this constitutional crisis. Mainstream media, in particular, Time Warner, News Corp, General Electric, Viacom, and Disney all have joint ventures with AT&T. Such conflicts of interest help explain why these giant companies have avoided covering the story.

The low level of mainstream media attention and visibility given to AT&T/NSA domestic spying operations in turn mitigates the danger that many AT&T customers will be chilled away, and also makes unlikely public outcry against these operations. AT&T along with the other giant telecoms can also be expected to gain considerable leverage by assuring hefty Congressional campaign contributions to those in Congress who help these companies obtain retroactive immunity. Given the huge amount of money the telecoms could otherwise be required to pay out in lawsuits, the motivation is clearly there to arrange for "generous" contributions. Since such financial contributions cross party lines (for example, Hillary Clinton was the top Congressional recipient of telecom campaign contributions through the first quarter of 2007), it is unlikely that Democrats in Congress will have less to lose than Republicans in refusing to grant telecoms such as AT&T retroactive immunity for their illegal surveillance activities. In fact, House Majority Leader Steny H. Hoyer (D-MD), known for his corporate-friendly posture, has already opened the door to granting retroactive immunity to the telecoms for their surveillance activities. It is noteworthy that one of Hoyer's top ten contributors to his election cycle for the 2005-2006 year was AT&T, having received $12,000 in contributions from members of this organization (employees, owners, or other affiliates).

Narrow, self-serving financial interests are therefore likely to win out in determining the outcome of the current constitutional crisis. Government encroachment on the right to privacy will expand as Fourth Amendment protections contract. And due to a mainstream corporate media embroiled in its own conflict of interest, most Americans will not even know about it.

A BUZZFLASH GUEST CONTRIBUTION

[Robson]

1. Geez for a measly $12K one can buy our Bill of Rights

Given the huge amount of money the telecoms could otherwise be required to pay out in lawsuits, the motivation is clearly there to arrange for "generous" contributions. Since such financial contributions cross party lines (for example, Hillary Clinton was the top Congressional recipient of telecom campaign contributions through the first quarter of 2007), it is unlikely that Democrats in Congress will have less to lose than Republicans in refusing to grant telecoms such as AT&T retroactive immunity for their illegal surveillance activities. In fact, House Majority Leader Steny H. Hoyer (D-MD), known for his corporate-friendly posture, has already opened the door to granting retroactive immunity to the telecoms for their surveillance activities. It is noteworthy that one of Hoyer's top ten contributors to his election cycle for the 2005-2006 year was AT&T, having received $12,000 in contributions from members of this organization (employees, owners, or other affiliates).