« previous | MUCK HOME | next »

How Lobbying Works in the Age of the Blogosphere

The ACLU watched in horror and impotence this summer as the Protect America Act vastly expanded the NSA's warrantless surveillance authority. With House Democrats pushing a PAA fix that still gives civil libertarians shpilkis, the ACLU is determined not to watch history repeat itself, especially as the Senate prepares a companion bill that worries the organization even more. So the ACLU is taking an aggressive approach: passing on what it freely concedes are rumors concerning what's in the bill in order to pressure Senators against violating civil-libertarian red-lines. What follows is an example.

Early this morning, ACLU spokeswoman Liz Rose heard from Senate sources that an unreleased draft of the bill contains provisions granting amnesty to telecommunications companies that turned over communications of subscribers to the NSA without warrants between 2001 and 2007. The Bush administration badly wants retroactive immunity for telecoms to become law, and was frustrated when this matter of "basic fairness" (in the words of Assistant Attorney General Ken Wainstein to reporters yesterday) wasn't part of either the PAA or the House Democratic RESTORE Act. Rose feared that the Senate Democrats were preparing to cave: after all, even civil-libertarian bete noire Steny Hoyer (D-MD) conditioned retroactive immunity on thorough administration disclosure over what the telecoms had done to require it.

So she sent out an email to a list of concerned bloggers warning them of what she heard. She gave permission to one of them, Christy Hardin Smith of Fire Dog Lake, to publish a version of her email. Hardin Smith wrote a post earlier today quoting Rose's email as follows:

…the Senate bill (Committee draft) does contain immunity/amnesty for the telecom companies…Including retroactive immunity for anything they’ve done wrong in cooperating in illegal domestic spying for the past six years.

The FDL post urged readers to contact their Senators, and provided office phone numbers for members of the intelligence committee, which is drafting the bill.

I contacted Rose to ask her what she had heard. In full candor, she said, "We have not actually seen the bill. We're completely running on rumor." When I asked her why she had passed on a rumor, she replied just as candidly: "We're lobbying against any compromise involving telecom immunity and this is part of that effort. I am a paid flack for the ACLU." She had noticed that the issue of potential retroactive legal immunity for telecoms resonated with liberal bloggers, and so once she had a piece of information, she wanted to give the activist wing of the blogosphere something that it would seize on in order to derail the provision. In the summer, Rose reminded me, the PAA passed with a "short lead time," resulting in a lot of civil-libertarian recrimination afterward. If the price of pressuring the Senate is to pass on a few rumors, the calculation goes, it's a small one to pay.

A message left with staffers for Sen. Jay Rockefeller (D-WV), chairman of the intelligence committee, inquiring about the rumored immunity provision, hasn't been returned.

Update: Telecom immunity is "absolutely under discussion," according to Rockefeller spokeswoman Wendy Morigi, but "no decisions have been made." What's more, there isn't any "draft" of the bill yet. "Senator Rockefeller has said we certainly should be looking at telecom immunity, but no decision has been made," Morigi says. "There are lot of discussions pro and con, and he's looking at it seriously." Mark-up of the bill is expected for October 18.


32 Comments

| Leave a comment
user-pic

If we really want any change in this country, we might as well give up on the dems. They have proven they have no intention on rolling back any of the abuses, or prosecuting any of the crimes of the Bush administration.

If you really want to make a difference, the next time you think you want to contribute to the democrats, send the money to ACLU. They are the only ones that have successfully curbed any of the Crime families activities.

Give them enough money to hire another 1000 attorneys who will fight these crimes in courts. Let the courts do what the Democratic Congress refuses to do!

user-pic

Glad to hear this is a rumor; anxious to hear that telecom immunity has not been ruled out; but we knew that yesterday!

user-pic

uhh, maybe i'm just an idiot but if there's no draft bill what are they marking up by the 18th???

please (have them) clarify, seriously. it sounds like they're blowing smoke up someone's ass.

user-pic

I approve of the ACLU's tactic. I believe it is a valid response to the smoke and mirrors that is going on in the Senate. It's clear if left to their own devices they'd channel Lieberman and roll over again, so keep the pressure on them.

If we are lucky we won't even have a new bill before that August monstrosity sunsets.

user-pic

So. . . "rumors" of an attack on the Capitol Building scare legislators into approving the first bill this summer, and now the ACLU is using "rumors" to influence the updated bill in an opposite direction. . . ?

user-pic

What another cave-in...I'm shocked! There is no need for amnesty if the telecom community was doing no wrong...looks like it also would be available for a Bush defense...if you can't hold the telecom companies liable..surely there was no wrong on Bush/Cheneys part either...I have nothing but disgust for Nancy Pelosi, Steny Hoyer and Chuck Schumer..to name just a few...that callous bitch Pelosi said "she wished some one would call her and tell her where Bush has broken the law" what a brain dead statement...yet she is the first to get in line and help him cover up his illegal spying..FIRE THEM ALL

user-pic

Give up on the Dems?

Who will dig our caves?

user-pic

"Lobbying in the blogosphere" may mean something when Congress starts to shake. Not there yet. Congress is still acting as if the US government and contractors are above the law.

user-pic

There's probably a bill. AT&T has to put the finishing touches on it.

user-pic

There's probably a bill out there. AT&T might not be finished writing it yet.

user-pic

"Short lead time" on PAA? No kidding. The bill was introduced on August 1 and President Bush signed it on August 5. We can't afford to blink or we'll miss it the next time they chip a piece off the Constitution.

user-pic

Will it include a similar provision for immunity for illegal aliens?

user-pic

And why, exactly, is telecom immunity "absolutely under discussion"?

Because of telco dollars for campaigns and telco lobbyists sitting down for chats with the key staff and Senators.

Meanwhile we're supposed to blanch at the terrible, rash behavior of the civil rights advocate passing on -- gasp -- a _rumor_ that telecom immunity is in the draft bill?

If the committee is going to pretend there's no bill, and acknowledge that immunity's 'absolutely under discussion', then that is the functional equivalent of a draft bill with immunity.

There's no ethical or etiquette breach here other than the ACLU advocate agreeing to be blindsided again.

user-pic

Sorry, that should end 'other than the ACLU advocate failing to let herself be blindsided again'.

user-pic

Sins must be confessed in order to ask for forgiveness. Christianity 101.

user-pic

Congressional democrats have hesitated for one reason. A light has dawned on even the most pliable among them that a TelCom amnesty will likely prove that party's hurricane Katrina moment. Both their rank and file and independent voters are fed up enough with them as it is. Should democrats again betray them in a matter of such profound import, even the "nowhere else to go" adherents will be shocked by the repercussions.

user-pic

So, the ACLU is outside the tent, pissing in? Good for them.

I like JW's "Katrina Moment" analogy. I think there's a lot of truth to it. After the capitulation on the Iraq supplemental, gutting FISA, at midnight, and then blowing town was really just too much.

There is a difference between the two parties, no question, but I'd like to see the distance greater, not less.

user-pic

I'm confused...

What's the upside of telco immunity?

Is there anything more there than pols protecting their corporate donors?

I mean... that's really the beginning and end of it, right?

user-pic

I have no doubt that there will be a deal in favor of the telecoms.If it is full immunity we`d better watch it.Net neutrality is down the road for them.
It is amazing that issues like this are even being considered.
Pre-emptive war,kaput;the Military Commissions Act non-kaput;Habeas Corpus,kaputsville;Torture/Gitmo,non-kaputsville;FISA,gonzo,4th Amendment,gonzo;truth,gonzo;honor,_____, fill in the blank.The above may not be a complete sentence,but I think my ideas have been communicated.
Where does fear and net neutrality fit?

user-pic

Katrina moment?

I don't get it, does that mean the ACLU is going to be blithely playing guitar in California while the Committee reconciliation discussions take place?

user-pic

The upside of telco immunity is Dems fishing for telco dollars that started with Clinton's 1996 telco legislation.

user-pic

It would be the DEMS' Katrina Moment!!! Fiddling and playing the lyre (pun intended) while that 'damned piece of paper gets shredded yet some more. Please, it's gotta stop!

user-pic

Given what's just come out today about Qwest's CEO over at Daily Kos, any immunity for the telecommunication companies is about to die with a stake through its heart. It's not looking good. I can't help but wonder how much of the spying involved trade secrets as well as spying for the purposes of insider trading.

Don't forget those put options just before 9-11. They take on a whole new meaning now.

In fact, the spying looks like it was targeting much much more than just a bunch of piddly boring peace activists...

user-pic

TECH SUPPORT, WE WANT TO WAKE UP! The Bush Administration lawlessness, uncontrolled spending, and inability to conduct effective foreign relations has put our country at even more risk than before September 11th. God help us all.

user-pic

Thank god for the ACLU. However, the really telling moment will come when those of us who take this seriously cancel our telecom services with companies that have collaborated with the administration. A large number of cancellations of service, en bloc, would more than make up for the Congressional Dems' unwillingness to do their job. (And talk about making Congress shake! I think they'd get that message, don't you?). Otherwise, no point ranting on about the Dems. Without real action, we're no better than they are.

user-pic

illlich wrote on October 11, 2007 5:24 PM:

"So. . . "rumors" of an attack on the Capitol Building scare legislators into approving the first bill this summer, and now the ACLU is using "rumors" to influence the updated bill in an opposite direction. . . ?"

Yes.

There is a clear moral difference between the White House lying about threats to scare people into signing unconstitutional legislation that might otherwise be reconsidered, and the ACLU spreading rumors based on what they are hearing our government is actually doing but is too ashamed to let its employers, the American people, in on what's doing on.

user-pic

I think that there should be a class action lawsuit by all voyeurs who have been arrested over the past six years. In carrying out their activities, they ensured that their victims acts were in no way related to planning or committing acts of terrorism and as such, should be protected from prosecution as reasonable assistance in the GWOT. I think if each member of the lawsuit ponies up about $2500 to the NRC, it has a pretty good chance.

user-pic

I appreciate the interest some have in monitoring "blogging, lobbying, and the intenet" on the FISA-immunity issue. Small problem: The courts already ruled that State-level litigation against the telecoms can proceed. Could someone explain -- after reading the link -- how an "act of Congress to grant immunity to the telecoms" is going to trump the ongoing State level litigation against the telecoms? Congress and the President may not exercise judicial power; nor may they -- after litigation has started -- grant federal immunity on matters which are narrowly related to state privacy statutes.

Sure, the telecoms can lobby for immunity; but it looks like the "request for immunity" AT THE FEDERAL is meaningless when it comes to ongoing litigation against the telecoms AT THE STATE LEVEL. Or is Congress saying that it will compel the State AGs not to enforce State law? Judge Vaughn Walker, in rejecting this argument ALREADY, has kept the door open for litigation. Congress and the President cannot close the barn door, especially after the telecom lobbyists have exited, and run into the burning fire called the State AGs.

user-pic

send your biz to qwest, apparently they didn't cave in.

user-pic

There should be no immunity for the telecoms. Let the victims bring forth the evidence and the courts decide.

This President will stop at nothing to violate the civil liberties of ordinary Americans. If people think this is about terrorism they're misinformed. This is about illegal domestic spying and Bush's attemps to cover up without providing details.

The Democrats should never concede to immmunity. They should press for individual warrants. They should press for more oversight over our covert intelligence services. They are breakin our laws and not for our protection.

user-pic

There should be no immunity for the telecoms. Let the victims bring forth the evidence and the courts decide.

This President will stop at nothing to violate the civil liberties of ordinary Americans. If people think this is about terrorism they're misinformed. This is about illegal domestic spying and Bush's attemps to cover up without providing details.

The Democrats should never concede to immmunity. They should press for individual warrants. They should press for more oversight over our covert intelligence services. They are breakin our laws and not for our protection.

user-pic

Hi to all!
Is there a way to have the Palm T/X (or maybe for winXP) repeat an Event in the calendar every year on Easter Sunday?
I don't want input the dates manually
2008 - 23 March
2009 - 12 April
2010 - 4 April
2011 - 24 April
2012 - 8 April
2013 - 31 March
2014 - 20 April
2015 - 5 April
2016 - 27 March
2017 - 16 April
2018 - 1 April
2019 - 21 April
2020 - 12 April
Thanks!

Leave a comment

Tag Cloud

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address