With the EFF finally successful in getting the federal gov’t to hand over some lobbying documents involved in the process of granting telcos total immunity in lawsuits over warrantless wiretapping, the press is starting to go through the documents. Wired digs in and finds that the Bush administration was worried it would have to admit that the telcos had actually broken the law in order to get immunity — but were able to route around that by having the Attorney General “submit a certification to the district court that the carrier defendant either did not provide the assistance as alleged, or did so in connection with a counter-terrorism program authorized by the president and pursuant to written assurances of legality.” In other words, by doing a “this” OR “that,” they could claim some sort of plausible deniability for the gullible.
Of course, the whole thing is silly. Why would the telcos need immunity if they hadn’t broken the law? The only reason to push for immunity was because they obviously had broken the law. The entire push for immunity was never really about protecting the telcos, but about protecting the federal government from having to admit that it clearly broke the law as stated concerning oversight of wiretaps.
The other interesting element in the Wired report is that the Bush administration was worried that future administrations would reverse the immunity — something it doesn’t seem to have to worry about considering that the Obama administration has happily continued to hold the same position on warrantless wiretaps. However, the administration was unable to get anything put in the bill that would prevent future administrations from changing the immunity — so, perhaps there’s still some hope.
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