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United States Government Politics

Dodd's Filibuster Threat Stalls Wiretap Bill 483

otakuj462 sends in an important followup to this morning's story on telecom immunity legislation. "Senator Chris Dodd won a temporary victory today after his threats of a filibuster forced Democratic leadership to push back consideration of a measure that would grant immunity to telecom companies that were complicit in warrantless surveillance... [T]he threat of Dodd's filibuster... persuaded Senate Majority Leader Harry Reid, D-NV, to table the act until January. A compromise on the immunity will ostensibly be worked out in the interim period."
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Dodd's Filibuster Threat Stalls Wiretap Bill

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  • You can find Chris Dodd's voting record on this site [votesmart.org]. I live in CT, by thw way.

  • Show Apprectiation (Score:5, Informative)

    by Telepathetic Man ( 237975 ) on Monday December 17, 2007 @11:05PM (#21734192)
    If you like Dodd's move, be sure to contact his office and express your support. Let him know he is doing the right thing.
  • by Architect_sasyr ( 938685 ) on Monday December 17, 2007 @11:15PM (#21734256)
    Parent is trolling. Some data miner, requires a hell of a lot of javascript.
  • by Anonymous Coward on Monday December 17, 2007 @11:20PM (#21734302)
    I believe the Senate can override filibuster with 60 votes. It is not a DoS of democracy - it is a part of our version of democracy.

    Yours is more a dumb post than an interesting one.
  • by erroneus ( 253617 ) on Monday December 17, 2007 @11:23PM (#21734316) Homepage
    To be clear, the US isn't a Democracy. It's a Republic. That means once the people are in office, they can do pretty much what they want regardless of what 'the people' want. So after the public election, it's all up to the elected as to what happens next. There is no ability for 'the people' to vote for an individual law or any such thing.

    Now that said, a filibuster is a kind of interruption to the flow of legislative activity. But it's sometimes necessary since there are times when majorities take advantage of minorities in the process. The filibuster helps to ensure that the minority is heard even when the majority would rather not listen to them. I have watched some pretty atrocious stuff happening on C-SPAN where the majority was simply ignoring proper procedure during legislative activities giving no voice at all to the minority side or their interests. When the gang or the mob is in control, the filibuster ensures that a minority can be heard.
  • by Scareduck ( 177470 ) on Monday December 17, 2007 @11:25PM (#21734342) Homepage Journal
    Glenn Greenwald had a good report on this [salon.com] today; incredibly, only 10 senators voted against this bill. Reid allowed the bill to proceed despite Dodd's hold (the only one Reid has disallowed). You'd think Reid was bought and paid for by AT&T [opensecrets.org] or something.
  • nitpick (Score:2, Informative)

    by Scudsucker ( 17617 ) on Monday December 17, 2007 @11:51PM (#21734484) Homepage Journal
    the 10 votes were against cloture, not against the bill itself. But it's still bad - some Dems try the cop out of voting for cloture but then voting against the bill/nominee.
  • by rpillala ( 583965 ) on Tuesday December 18, 2007 @12:04AM (#21734546)

    The telecoms and their advocates in Congress like Jay Rockefeller (D-WV) and apparently Harry Reid (D-NV) argue that they're not changing anything from illegal to legal, rather they're filling a legal vacuum and the telecoms benefit as a result. How convenient and timely. Also as I understand the term, ex post facto usually refers to laws that make something newly illegal, subjecting people who had committed no crime to criminal penalties.

    The most egregious senatorial hijinks of this affair has been Reid's ignoring Dodd's "hold" on the bill. He doesn't ignore holds on bills requested by republicans, but someone from his own party can't expect to have his honored. Glenn Greenwald [salon.com] at Salon has been documenting this case for a while. That link goes to today's installment, but when the hold was first requested weeks (months?) ago, Greenwald had that story too.

  • by ravenspear ( 756059 ) * on Tuesday December 18, 2007 @12:10AM (#21734594)
    Ron Paul also wants to pull out of the UN

    While I don't favor this, you would be hard pressed to argue that the UN has had a very productive impact in most of the activities they have undertaken. And even when their stuff has worked, it has usually been with the US doing most of the legwork. The UN is mainly an organization that allows its members to say they support international partnerships, while performing relatively few useful functions of its own.

    remove the constitutionally protected women's right to choose

    Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that.

    remove public education

    Not a bad idea considering the Constitution provides no basis for the federal government to be involved in education, and our schools are failing anyway. Plus, our students did better comparatively against other nations before the US Dept of Education was instituted.
  • by sanjosanjo ( 804469 ) <[sanjosanjo] [at] [gmail.com]> on Tuesday December 18, 2007 @12:10AM (#21734606)
    IANAL, or constitutional authority, but I seem to remember from school that an Ex Post Facto law is one that makes some illegal retroactively. This is not the case here. This is a forgiveness of an illegal act, in the same vein as a presidential pardon perhaps. Not that I agree with this in any sense. I fully support Senator Dodd.
  • by worthawholebean ( 1204708 ) on Tuesday December 18, 2007 @12:15AM (#21734650)
    No - ex post facto applies to criminal law, not civil law. Here are the four types of laws considered "ex post facto" in the U.S., established in Calder v. Bull:

    "1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
    2nd. Every law that aggravates a crime, or makes it greater than it was, when committed.
    3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.
    4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender."

    Ex post facto laws are only those which punish people who were formerly innocent - not the other way around.

    Disclaimer: IANAL
  • by InvisblePinkUnicorn ( 1126837 ) on Tuesday December 18, 2007 @12:18AM (#21734684)
    In short: yay!

    (Reply follows)

    ----

    Dear Mr. InvisiblePinkUnicorn:

    Thank you for expressing your views on legislation that would provide retroactive immunity to telecommunications companies that participated in the National Security Agency's (NSA) warrantless surveillance program.

    In December of 2005 it was first reported that President Bush had authorized the NSA to monitor communication between U.S. citizens and terrorist suspects outside the United States without first obtaining a warrant. Some telecommunications companies participated in this program and provided the government with access to phone records. Serious questions arose about the legality of this program and its compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA).

    In August 2007, Congress passed revisions to FISA, which I opposed, expanding the authority of the Attorney General and the Director of National Intelligence to conduct surveillance of foreign targets. Under this legislation telecommunications companies that assist the government in the future implementation of this program were granted immunity from criminal and civil action.

    This legislation expires in early February, and Congress is currently considering further revisions to FISA. President Bush has requested that any further modifications to FISA contain retroactive immunity for any telecommunications company that participated in the program since its inception. While developments in technology may require modest modifications to our intelligence laws, I will oppose efforts to provide retroactive immunity for illegal wiretapping as it is inconsistent with our democratic principles. All citizens must have legal recourse when their rights are infringed upon, and companies must bear the responsibility for breaking the law.

    Thank you again for contacting me.

    Sincerely,
    Sherrod Brown
  • by Sergeant Pepper ( 1098225 ) on Tuesday December 18, 2007 @12:36AM (#21734796)

    Last time I checked a woman's right to choose was protected by a Supreme Court decision, not the Constitution. Whether or not one supports abortion is another matter, but lets be clear on that.
    Last time I checked the Supreme Court interprets the Constitution, that is to say, tells us what it says. Whether or not one supports it is another matter, but lets be clear on that.
  • by Sergeant Pepper ( 1098225 ) on Tuesday December 18, 2007 @12:46AM (#21734842)

    The American taxpayers fund more for the United Nations than ALL of the other 177 member nations COMBINED.
    No, they don't. The UN receives 22% of its funds from the USA and 20% from Japan.

    Which article of the constitution was that again?
    The 14th.
  • by level_headed_midwest ( 888889 ) on Tuesday December 18, 2007 @01:36AM (#21735282)
    The federal government provides very little funding for public schools. The district I attended got well under 10% of its funding from the federal government- almost all of funding was local or state. Abolishing the federal Department of Education would do little more than have the states and local municipalities be completely in control of their school districts that they almost completely pay for anyway. The students would probably not even notice and the teachers wouldn't either, perhaps with the exception of fewer weeks spent taking achievement tests.
  • Re:Mod parent up! (Score:5, Informative)

    by MillionthMonkey ( 240664 ) on Tuesday December 18, 2007 @01:43AM (#21735336)
    I'm out of moderator points or I'd give you some. Why the hell is this immunity even being considered by politicians from either party?

    For the Democrats (e.g. Dianne Feinstein who can be reached at 202-224-3841), one motive is the obvious one: telecoms contribute to campaigns.

    Much more is at stake for the Republicans, since the president broke at least several federal statutes relating to wiretapping. While this is all something that "everybody knows", that has no legal significance and no one bears any meaningful responsibility to do anything about it. But if the EFF lawsuit (among others) doesn't have its legal basis legislated right out from under it, then it will be revealed in a court of law that the president committed federal crimes. The telecom immunity legislation was designed by the executive branch to extend immunity not just to telecoms who broke these laws, but to anyone in the government who asked them to do it (PDF): [fas.org]

    [N]o action shall lie or be maintained in any court, and no penalty, sanction, or other form of remedy or relief shall be imposed by any court or any other body, against any person for the alleged provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or any other form of assistance, during the period of time beginning on September 11, 2001, and ending on the date that is the effective date of this Act, in connection with any alleged classified communications intelligence activity that the Attorney General or a designee of the Attorney General certifies, in a manner consistent with the protection of State secrets, is, was, would be, or would have been intended to protect the United States from a terrorist attack.
    Obviously the EFF lawsuit presents a pickle for the Republicans if it is legally shown that Bush was complicit in lawbreaking, and they don't want the lawsuit to proceed further. But this is a problem for the Democrats too. Once it becomes legally evident that Bush broke the law, it becomes incumbent upon them to do something about it, or they are breaking the law with their inaction. Everyone knows Bush is a criminal, but nobody wants to be responsible for knowing. Politics as currently practiced is a fragile thing, home to a glassy web of unspoken agreements and hard-won compromises. A development like this would come stampeding in on all that like a bull in a china shop. This telecom immunity law will make a lot of headaches go away for a lot of people- the telecoms themselves are actually minor players here.
  • by Trepidity ( 597 ) <[gro.hsikcah] [ta] [todhsals-muiriled]> on Tuesday December 18, 2007 @01:46AM (#21735370)
    The committee that wrote the immunity bill had eight democrats on it, of which six voted for it: Rockefeller (WV), Feinstein (CA), Bayh (IN), Mikulski (MD), Nelson (FL), and Whitehouse (RI). Only Feingold (WI) and Wyden (OR) voted against.

    In addition, Dodd's first attempt to stall the legislation failed, 76-10. Only 9 other Democrats supported him.
  • Re:Now only (Score:1, Informative)

    by SonicSpike ( 242293 ) on Tuesday December 18, 2007 @01:51AM (#21735404) Journal
    You have good points. But Ron Paul is a different kind of Republican.

    He is an old school Republican who wants to do away with all of the neocon BS and get us back to the Constitution, fiscal responsibility, and a humble foreign policy.

    I am no longer a Republican and swore never to vote for another one unless Ron Paul ran. Honestly the GOP doesn't like him because he is trying to reel them back in off of their mental holiday.

    You should seriously do some research on him. Here are some of his original policy pieces:

    http://ronpaullibrary.org/ [ronpaullibrary.org]
  • by jonatha ( 204526 ) on Tuesday December 18, 2007 @05:00AM (#21736522)
    The Supreme Court also has a long history of inventing rights not explicitly mentioned in the Constitution

    The idea that "inventing rights not explicitly mentioned in the Constitution" is somehow beyond the pale is directly contradicted by the plain meaning of the 9th Amendment.

  • by Anonymous Coward on Tuesday December 18, 2007 @05:58AM (#21736722)
    Yes, and in this case "regulating the internet" == "net neutrality". He voted against it. "The Market" can't "sort it out" when competition doesn't exist. Regulation is necessary. Internet backbones have no competition, local internet options have little to no competition; cable monopoly vs phone monopoly, and if you're lucky a few dsl providers that the phone company undercuts and only allows to exist due to regulation (and they get cut off when fiber gets rolled out).

    Net neutrality is not something that's optional if the internet is to continue to be anything more than a glorified TV. It's a requirement. No net neutrality == no internet freedom.

    Saying net neutrality is "regulating the internet" is propaganda.

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