Remember the whole telecom immunity controversy? How easy it was to forget the several months of wrangling and debating amid--well, amid several more months of wrangling and debating, although this time it was over the presidential election. Last week, however, the Electronic Frontier Foundation filed a brief in U.S. District Court in San Francisco that claims the telco immunity law, passed as an amendment to the Foreign Intelligence Surveillance Act, violates the U.S. Constitution.
Specifically, the EFF says that the government's ability to prove presidential certification of warrantless surveillance in a private court proceeding violates the right to due process for telecom customers. The issue is scheduled to be taken up in court on Dec. 2, so stay tuned.
- read this story at InformationWeek
The U.S. Senate passed the telco immunity law in July
Barack Obama displeased many with his support for telco immunity