Reply #4: It seems to me it would be impossible to prosecute the telecoms [View All]

[RaleighNCDUer]

without FIRST prosecuting the administration.

The lists of those they illegally spied on are a state secret. Was my phone tapped because I went to anti-war rallies and post on DU? How the hell could I know - only the government can release that information. I can't file a civil suit against the telecoms because I have no evidence. The only way to get the evidence is to first successfully prosecute the administration that told the telecoms to cross the line.

Stating from the first that the telecoms are immune to civil prosecution might be enough for them to come forward with information that will make prosecuting the administration possible. With the threat of bankruptcy hanging over them in the event of successful prosecution they have every reason NOT to cooperate.

In another thread I made the analogy of prosecuting a bank teller for robbery because he filled the bank robber's bag at the point of a gun. Qwest resisted the government, and the government pulled the trigger on them - after that, the rest of the telecoms fell in line with varying degrees of enthusiasm. The point is, they would not have committed the crime if the government had not told them to in the first place. They did not initiate the spying and offer the results to the government - THAT would be worthy of prosecution. No, they were blackmailed into cooperating.

I've got no problem with offering civil immunity to encourage cooperation in going after the real criminals.