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ACLU: Defending the law, even when lawmakers won't

by: ACLU of WV

Thu Jul 10, 2008 at 16:17:40 PM EDT


( - promoted by Carnacki)

Given that Congress failed (Senator Byrd and Congressman Mollohan not included; And a big thank you to both for standing up to FISA fear mongering), we find the time has come to honor a tradition as old as the capitulation of Congress under George W. Bush.  

We, the American Civil Liberties Union, are suing over the FISA Amendments Act of 2008 because it is an unconstitutional mess.  

More below the jump.

ACLU of WV :: ACLU: Defending the law, even when lawmakers won't
I will be able to clarify more as time goes on, but we threw down the gauntlet before the President's signature was dry on this disgrace to the fourth amendment.  We have two cases going.

The first is a civil suit where our plaintiffs include a host of Human Rights organizations and others who have very legitimate arguments.  

Essentially, these organizations deal in relief all over the world with populations that often find themselves at the receiving end of government sponsored discrimination.  Working effectively means feeling comfortable talking with relief organizations without thinking that your conversation will be picked up by U.S. intelligence agencies and turned over to your host government, leading you to a swift reprisal.  Most of them are concerned enough that they are being targeted by their home governments for surveillance.  They should not have to worry about their communications with relief organizations within the United States being collected and handed over to their oppressive governments.  

The other well stated concern (still talking about the civil suit), and one we all should heed, is that of journalistic integrity.  International Journalists in this country who rely on well entrenched sources are raising the specter of losing all contact with those who give them leads on stories that governments around the world would rather not see published.    

It does not take long to see that the law just passed by congress and signed by the president has implications far beyond what anyone who voted for it could see.  

By giving the Executive Branch unchecked powers to spy, we are essentially putting all dissident voices on the international stage at risk, and by doing so, not only gutting our own privacy rights, but further destroying our once shining reputation as a beacon to those abroad who have to live under oppressive regimes or circumstances.  

This law is going to hurt as many people outside this country as it does inside.

Our second suit is one we have filed with the FISA court itself asking that they in effect rule on the constitutionality of the new law.  Given that the new law pretty much takes the FISA court out of the picture when it comes to secret government spying, this one could get interesting.    

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ACLU of WV (4.00 / 2)
I held off posting this hoping you would. Thanks.

When a man embarks upon a crime, he is morally guilty of any other crime which may spring from it. Sherlock Holmes.

Makes me proud to have the card in my wallet. (4.00 / 2)


question on lawsuits (4.00 / 2)
Would you happen to know... will any of the existing lawsuits against the phone companies be able to continue based on the potential that wiretapping may have begun before 9/11/2001?

question on lawsuits (4.00 / 1)
That is a good question.  My understanding is that any civil action against telecoms is essentially thwarted, but I will look for a more specific answer and work into my next post.  

Our focus now are the two cases which offer up some very interesting issues both domestic and internationally.  thanks for reading, and look for the next one.  


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