The Truth About (Telecom) Immunity

Administration officials are complaining about House Democrats stalling legislation that would grant immunity to any telecommunications carrier that assisted with its domestic spying program. Without that immunity cloak, the White House says, telecoms will hesitate to cooperate with such programs in the future.

It’s true that telecom assistance is crucial to successful electronic surveillance. But what’s getting lost in all the heated rhetoric is that telecoms, under current law, already have immunity when they assist in lawful electronic surveillance. Congress specifically gave telecoms that legal cover in the Foreign Intelligence Surveillance Act.

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