http://thinkprogress.org Thu, 26 Nov 2009 23:43:01 -0500 http://wordpress.org/?v=2.8.5 hourly 1 http://thinkprogress.org/answers-telco/comment-page-1/#comment-561415 The Long Goodbye » Blog Archive » Perhaps the eye of a scrutinising observer might have discovered a barely perceptible fissure Thu, 18 May 2006 07:45:39 +0000 http://thinkprogress.org/answers-telco/#comment-561415 [...] So legally as far the information that is available as I write this where do we stand. The NSA is in over its head as a result of the massive grab of telephone numbers that they have monitored without a warrant and clearly cannot show to any remotely reasonable degree that millions of Americans are or were an immient threat to our national security, Questions and Answers on Potential Telco Liability In sum, the Stored Communications Act (SCA) prohibits handing over the records, and it provides at least $1,000 in damages per customer for violations. For 50 million or more customers, that leads to big damages indeed. [...] [...] So legally as far the information that is available as I write this where do we stand. The NSA is in over its head as a result of the massive grab of telephone numbers that they have monitored without a warrant and clearly cannot show to any remotely reasonable degree that millions of Americans are or were an immient threat to our national security, Questions and Answers on Potential Telco Liability In sum, the Stored Communications Act (SCA) prohibits handing over the records, and it provides at least $1,000 in damages per customer for violations. For 50 million or more customers, that leads to big damages indeed. [...]

]]> http://thinkprogress.org/answers-telco/comment-page-1/#comment-557655 Think Progress » Did You Consent to Be Wiretapped? Mon, 15 May 2006 20:07:12 +0000 http://thinkprogress.org/answers-telco/#comment-557655 [...] ThinkProgress has been compiling legal answers to all the questions about telco liability, here and here. Here’s why the consent argument won’t work: 1. The telco language terms of service provide no basis for “consent.” The terms of service of AT&T, BellSouth, and Verizon highlight that they will turn over records in response to court orders or subpoenas, which did not exist, according to USA Today. Verizon also mentions “exigent circumstances” – a very slim reed on which to conclude that customers gave actual consent to having all their phone calls disclosed to the government. [...] [...] ThinkProgress has been compiling legal answers to all the questions about telco liability, here and here. Here’s why the consent argument won’t work: 1. The telco language terms of service provide no basis for “consent.” The terms of service of AT&T, BellSouth, and Verizon highlight that they will turn over records in response to court orders or subpoenas, which did not exist, according to USA Today. Verizon also mentions “exigent circumstances” – a very slim reed on which to conclude that customers gave actual consent to having all their phone calls disclosed to the government. [...]

]]> http://thinkprogress.org/answers-telco/comment-page-1/#comment-555149 Think Progress » Telco Liability: Falkenrath Gets It Wrong Sat, 13 May 2006 15:50:30 +0000 http://thinkprogress.org/answers-telco/#comment-555149 [...] Actually, that’s false. The relevant portion of the Electronic Communications Privacy Act – known as the Stored Communications Act – explicitly prohibits voluntary or required disclosure of phone records to the government with several limited exceptions. (See 18 U.S.C. 2702-03.) As we explained here and here none of those exceptions apply. [...] [...] Actually, that’s false. The relevant portion of the Electronic Communications Privacy Act – known as the Stored Communications Act – explicitly prohibits voluntary or required disclosure of phone records to the government with several limited exceptions. (See 18 U.S.C. 2702-03.) As we explained here and here none of those exceptions apply. [...]

]]> http://thinkprogress.org/answers-telco/comment-page-1/#comment-553343 Think Progress » You’ve got questions, we’ve got answers. Fri, 12 May 2006 18:59:37 +0000 http://thinkprogress.org/answers-telco/#comment-553343 [...] The telcos may be liable for tens of billions of dollars for illegally providing your phone records to the government. We explained why on ThinkProgress yesterday. Many of you had questions. We’ve posted the answers here.  2:57 pm | Comment (0) [...] [...] The telcos may be liable for tens of billions of dollars for illegally providing your phone records to the government. We explained why on ThinkProgress yesterday. Many of you had questions. We’ve posted the answers here.  2:57 pm | Comment (0) [...]

]]> http://thinkprogress.org/answers-telco/comment-page-1/#comment-553326 Think Progress » Telcos Could Be Liable For Tens of Billions of Dollars For Illegally Turning Over Phone Records Fri, 12 May 2006 18:52:26 +0000 http://thinkprogress.org/answers-telco/#comment-553326 [...] UPDATE: Many of you had questions about this legal analysis. Peter provides the answers here. We’ll continue to address your questions as this story develops. [...] [...] UPDATE: Many of you had questions about this legal analysis. Peter provides the answers here. We’ll continue to address your questions as this story develops. [...]

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