Main point: Everyone talking about providing retroactive Telco immunity in the upcoming FISA update argues that "Hey, it was after the 9/11 Terrorist attacks! They were trying to help the Gov't out in a very troubling time." However, as this article suggests, the domestic surveillance had started long before the Sept 11th attacks occurred.
Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks, according to court documents unsealed in Denver this week.This information has been significantly absent in all discussions I've heard lately, so it may have been refuted. Still trying to find out the status on the validity of the claim. More to come...
(emphasis mine)
Update: Here's an article where emptywheel examines the SSCI arguments in favor of retro immunity for the telcos.
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