This address follows after the urging of the George W. Bush administration that is trying to push a legal measure. Under the legal measure if approved, citizens cannot sue the telecommunication companies that had taken part in the government’s initiative to wiretap people’s phones. Bush had stressed the importance that those companies be immune as it will protect the nation from future threats of terrorism.
What that means is, Bush says it is necessary for the safety of the country that those that tape part of the wiretapping be granted immunity from prosecution. He said if telecoms are not protected by class action suits, they will have no incentive to participate.
The issue of warrant-less wiretaps by the government has been a hot topic issue in both the Democratic and Republican debates. There is a high chance that this will still be a hot topic in the upcoming debates.
It is supposed to be part of updating the Foreign Intelligence Surveillance Act (FISA) which took effect back in 1978. Under this law, agencies must get the necessary warrants from a special court in order to conduct wiretaps.
But, it was learned that the Bush administration did a secret program that operated outside the FISA court. They would get the telecom companies to participate in this secret program. As a result, there were lawsuits launched against those companies. The secret wiretaps were in violation of the Fourth Amendment of the United States Constitution.
However, Congress is split on the issue.
Bush said that he would veto any bill that does not give immunity to the telecom companies from lawsuits. He stands by saying that those wiretaps are essential to the safety of the United States. So far, the bill has not been voted on.
Bush said that not passing the law would make the country more vulnerable to terrorist attacks. This will be a factor when the issue of terror will be brought up in future debates. It is highly likely that this topic will be brought up in the Republican Debates as Republican hopeful and frontrunner John McCain’s main focus has been on fighting terror and increasing national security.
Congress Democrats responded to Bush by saying: “If it is true that the expiration of the [surveillance law] has caused gaps in intelligence, then it was irresponsible for the president and Congressional Republicans to openly oppose an extension of the law.”
“Without protecting from lawsuits, private companies will be increasingly unwilling to take the risk [emphasis added] of helping us with vital intelligence activities,” Bush said insisting that they get immunity. He added: “In other words, the House’s refusal to act is undermining our ability to get cooperation from private companies. And that undermines our efforts to protect us from terrorist attack.”
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