CCIA Warns Against Telecom Immunity

File Under: News, Telecommunications, Privacy

Feb 11, 2008

WASHINGTON - Allowing retroactive immunity for telecom companies alleged to have illegally eavesdropped on US citizens and companies may make it difficult to get a full accounting of the actions taken by government officials and major carriers, the Computer & Communications Industry Association warned the Senate Monday.

In a letter sent to all 100 Senators, CCIA President and CEO Ed Black asked legislators to vote against granting retroactive immunity to companies that may have violated federal communications law by turning over customer information to the U.S. Government. The immunity is a controversial part of the Foreign Intelligence Surveillance Act before the Senate this week. The Association warned that is it is more critical than ever to protect the privacy and trust of citizens.

Black also disputed the assertion made by immunity supporters that immunity is needed so that company attorneys will approve cooperation in the future. "The idea that cooperation will be stymied by indecision and fear of litigation is contrary to experience and the reality that companies face every day as they receive legally authorized subpoenas and requests for information from sheriffs, police, criminal and civil lawyers, as well as the federal government," Black said.


Text of the full letter follows below:


Computer & Communications Industry Association

February 11, 2008
Via Facsimile & Personal Delivery

The Honorable Harry Reid
Majority Leader

The Honorable Mitch McConnell
Minority Leader

Re: FISA Legislation

Dear Majority Leader Reid and Minority Leader McConnell:

As the Internet becomes increasingly important and deeply intertwined in the economic, social, political, and personal lives of our citizens, it is more important than ever that the trust and privacy of our citizens be protected and maintained. The granting of retroactive “immunity” as proposed in the pending FISA legislation is antithetical to that trust and undermines that privacy.

I want to reiterate on behalf of the Computer & Communications Industry Association (CCIA) our continued opposition to granting retroactive immunity, amnesty, or pardon to companies accused in United States courts of serious violations of law in connection with extensive wiretapping of U.S. citizens.

The relationship between government agencies, citizens, and those companies and entities that stand between them in terms of privacy and surveillance must be clear, understood, and balanced. If we do not have the proper foundation in this area, the risks are great that future abuses will continue, and that the many benefits from open communications and expression on the Internet will be undermined.

Therefore, prior to any grant of retroactive immunity, a full accounting of the actions taken by key government officials and the major carriers is essential. The facts about the nature and scope of cooperation need to be understood, as do the motives and rationales of the various public and private officials involved. If, as we all hope, these facts show that any misconduct was limited, motivated only by overzealous desire to cooperate in an emergency or by mistaken but good-faith legal interpretations, then mitigation of damages might be appropriate. But such judgments should not be casually made, and the discovery process under proven judicial rules of secrecy is the proper way to determine all of the important facts. It is disturbing that such intense opposition has focused on protecting a provision which will prevent all the facts from coming out. It only highlights the question of what could be so embarrassing or illegal that it must remain hidden, even at the expense of the rest of the legislation described as vital to our national security.

Finally, I would like to address an assertion made by supporters of the immunity/amnesty provision that implies that overly cautious General Counsels will be unwilling to cooperate with future, proper legal requests. This charge is insulting and contrary to how companies in our industry have historically responded, absent retroactive immunity, or how they will respond in the future to any law which properly directs them to cooperate on matters of national security.

The idea that cooperation will be stymied by indecision and fear of litigation is contrary to experience and the reality that companies face every day as they receive legally authorized subpoenas and requests for information from sheriffs, police, criminal and civil lawyers, as well as the Federal government.

We do not want to be permanent surveillance agents or requested to violate the law, but we will be good citizens, and our competent and patriotic counsel will comply enthusiastically and in good faith with our nation's laws, and all legally proper requests.

Sincerely,


Ed Black
President & CEO
Computer & Communications Industry Association

Cc: Members of the United States Senate

Link to PDF of Letter