Today, the House voted 239-129 to pass the surveillance bill that will expand the National Security Agency’s controversial program to eavesdrop on U.S. citizens’ communications without warrants. To find out how your representative voted click here. To find out who your representative is click here.

Retroactive immunity

Beyond the expanded surveillance powers, the bill will also provide retroactive immunity for telecom companies like AT&T and Verizon that face nearly 40 lawsuits for allowing the NSA access to confidential information about their customers.

Under Title II, “Protections For Electronic Service Providers”, the new bill, obtained by the Electronic Frontier Foundation and available for download right here, says:

“[A] civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be properly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that . . . (4) the assistance alleged to have been provided by the electronic communication service provider was –

(A) in connection with intelligence activity involving communications that was (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007 and (ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States; and

(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was (i) authorized by the President; and (ii) determined to be lawful.”

In other words, the bill states that as long as a telecom company can provide documentation that its illegal activity was requested by the government, it cannot be brought to court.

Critics fear a dangerous precedent

Although the immunity applies to the period beginning on September 11, 2001, and ending on January 17, 2007, critics of the bill claim that it will set a dangerous precedent by which the government could ask private companies and citizens to break the law in the future, then shield them from prosecution. Critics also worry that if the lawsuits currently filed against the telecoms are thrown out, Americans may never learn the extent to which the government spied on its own citizens.

Bill sponsors

Meanwhile, in a Congressional statement released by Senate Intelligence Committee Chairman John “Jay” Rockefeller (WV), Senate Intelligence Committee Vice-Chair Kit Bond (MO), House Majority Leader Steny Hoyer (MD), and House Minority Whip Roy Blunt (MO), the bill’s sponsors claim the new legislation will “balance the needs of our intelligence community with Americans’ civil liberties, and provide critical new oversight and accountability requirements.” Read the full statement.

Presidential candidates’ positions on surveillance

Where do the 2008 presidential candidates stand on surveillance? Earlier this year, NOW examined the candidates’ voting records on the recent FISA legislation.

Telecom money in Congress

You can also read a NOW report about telecom money in Congress in an article posted in March called, “Phone Companies Want to Be Off the Hook.”

Wiretap whistleblower

NOW also interviewed a whistleblower with exclusive insight into the role played by one of the companies that assisted the government with its eavesdropping program. Watch the video.