But the reality is that current law already protects telecom companies who take these sorts of actions. All they have to do is come to court and show the judge that they were either acting pursuant to a warrant (see 18 USC § 2520(d)(1)), or a request by competent law enforcement authorities (though those are few and far between, it would seem) such as the Attorney General that the information served a valid national security purpose (see 18 USC § 2520(d)(2) and 18 USC § 2518(7)).
The telecom giants, though, didn't do that. Though they retain some of the highest priced legal counsel available, only one telecom company bothered to actually check with their lawyers before rolling over for the the Bushies, and that company -- Qwest -- reached the conclusion that the informal request made of them was insufficient legal cover under the law, and declined to cooperate unless more and better assurances were forthcoming. For his trouble, by the way, Qwest CEO Joseph Nacchio found his company suddenly out of the running for millions of dollars worth of federal contracts, not to mention finding himself just as suddenly facing federal insider trading charges that could land him in prison. Surprise!
OK, four. I lied. Too.
In August, this very bill was so important to Bush that he threatened to veto anything else, and to force the Congress to stay in session until they gave him the custom-built law he wanted.
Now, Congress offers to extend the very same [FISA] law for 30 days, and Bush threatens to veto it. Yes, the same one he practically wrote himself, when he stomped his feet and held his breath back in August. Now that bill isn't good enough for him. And what's the difference between now and August? In August, we hadn't yet found out the details of how and the extent to which the "administration" had asked the telecoms to break the law on their say-so.
(Kagro X writing at Daily Kos)
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