Senate leader does 180, withdraws pro-telco immunity bill
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Apparently not having tested the prevailing winds before trying to pull off a launch, the Senate Majority Leader changed course and withdrew the controversial pro-telco FISA amendment from the Senate floor late yesterday.
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(InfoWorld) - U.S. lawmakers promised to push ahead legislation aimed at cracking down on pretexting despite some objections from telecom carriers and the U.S. Department of Justice. Nearly all the members of the House of Representatives Energy and Commerce Committee pledged to push the Prevention of Fraudulent Access to Phone Records Act, which would give the U.S. Federal Trade Commission (FTC) authority to file lawsuits against pretexters and the people who hire them. The bill would also require the Federal Communications Commission (FCC) to draw up new rules for telecom carriers to protect private phone records, and it would prevent carriers from sharing customer information with third parties without permission. Despite some concerns about the bill, lawmakers said consumers need protection against pretexting, the practice of posing as a telecom customer to obtain phone records and other private information. "Someone with bad intentions and a few bucks can get a hold of almost anybody's cell phone records," said Representative Fred Upton, a Michigan Republican. President George Bush signed a bill creating criminal penalties for pretexting in January. But proponents of the Prevention of Fraudulent Access to Phone Records Act say the extra protections in the bill are also needed. The Energy and Commerce Committee approved the same bill during the last session of Congress, but the legislation apparently was held up on the House floor because of concerns from federal law enforcement agencies that the bill could slow efforts to get information on terrorism suspects. Lawmakers from both parties complained that they received little explanation about why the bill died last year. Thomas Navin, chief of the FCC's Wireline Bureau, said the Department of Justice was concerned that the FCC would set up rules that consumers are notified too soon after their phone records were accessed by someone else. The DOJ wanted a delay of seven days before consumers were notified, he said. But Representative Ed Markey, a Massachusetts Democrat, said consumers should be notified immediately. "I don't think the Department of Justice should be listened to on that issue," he said. "I think [victims] should be listened to on that issue." Markey pointed to news reports this week saying the FBI may have violated the law and its internal rules while collecting telephone, data, and other personal records through the Patriot Act. "There is still a lack of respect for the law of our country," he said. Beyond the law enforcement concerns, representatives of trade groups the United States Telecom Association and CTIA-The Wireless Association said the bill could prevent them from sharing customer information with third parties that market complementary products. CTIA members don't share customers' personal information with unrelated groups, but the carriers do use third-party vendors to market wireless-related products, said Steve Largent, CTIA's president and CEO. But Representative Joe Barton, a Texas Republican, questioned industry concerns about language in the bill that could require carriers to get opt-in permission from customers to share their personal data. "It seems if we want to protect privacy, we should change this from opt out to opt in," he said.
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President George W. Bush's demand for immunity for telephone companies that participated in his warrantless domestic spying program won an initial victory on Monday in the U.S. Senate.
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The Senate signaled in a key vote yesterday that it supports giving some of the nation's largest telephone companies immunity from dozens of privacy lawsuits related to a federal domestic eavesdropping program initiated after the Sept. 11, 2001, attacks.
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While House members are still angry about an FBI search of a congressman&#039;s office, the Senate&#039;s leader says the controversy has been &quot;pretty much put to bed.&quot;
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WASHINGTON - The Senate, in an unusual Sunday session, saw its effort to pass a sweeping corporate tax bill grind to a halt in the face of delaying tactics by a Louisiana senator upset that the measure did not include pay support for members of the Reserves and National Guard.    By a 66-14 vote, lawmakers did agree to limit debate on the tax bill, which provides $136 billion in new tax breaks for businesses and $10.1 billion separately to buy out tobacco farmers' government quotas...
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(InfoWorld) - When the U.S. Congress adjourned in the early morning hours Saturday, it left a number of technology-related bills unfinished, including two bills addressingÂ fraudulent access to personal telephone records. Despite pressure from members of the House of Representatives Energy and Commerce Committee, the full House failed to act on the Prevention of Fraudulent Access to Phone Records Act. The law would have allowed the U.S. Federal Trade Commission to seek civil penalties against businesses that obtain personal data under false pretenses. The committee has been looking into privacy concerns related to so-called pretexting since early this year, but the issue came to a head last month, whenÂ Hewlett-Packard revealedÂ it had used questionable investigative techniques in the surveillance of board members, employees, and reporters. With pretexting, private investigators or identity thieves pretend to be customers of mobile phone carriers or other companies in order to gain access to personal records such as call logs. Congress still has more time to act on the pretexting legislation or six related bills this year, however. After a month-plus break allowing lawmakers to focus on the Nov. 7 election, Congress will return for a lame-duck session Nov. 9. Democrats last week complained that the House Republican leadership had held up the pretexting legislation, but Representative Joe Barton, a Texas Republican and Energy and Commerce chairman, said he'd continue to push for the legislation. Congress alsoÂ failed to pass a wide-ranging broadband billÂ that would replace local franchise rules with a national system for telecom providers launching Internet Protocol-based television services in competition with cable TV. And although U.S. President George Bush called on Congress to pass legislation authorizing a controversial National Security Agency (NSA)Â surveillance program, two bills making it easier for the government to conduct surveillance without court-ordered warrants also stalled. One piece of Internet-related legislation did pass early Saturday. The Senate passed a bill providing money for seaport security, and added to the bill was a provision prohibiting U.S. banks and credit-card companies from processing payments to online gambling sites. A group of professional poker players had asked Congress to reject the bill, but a group of House Republicans pushed for the legislation, saying offshore gambling sites were breaking U.S. gambling-control laws. Bush had called for legislation to authorize the NSA program, which has listened in on the electronic communications of U.S. residents without court-ordered warrants, as a way to head off multiple lawsuits targeting the program. He has argued the program is necessary to help keep U.S. residents safe from terrorism. The HouseÂ passed one surveillance bill, but the Senate failed to act. The House bill would allow federal law enforcement officials to spy on U.S. residents for up to 90 days without a court order in the period after a terrorist attack. The Center for Democracy and Technology (CDT), a civil liberties and privacy advocacy group, said it was happy to see the surveillance and broadband bills stall. Republicans supporting the surveillance bill were pushing it as a way to show they were focused on national security during the last weeks of the congressional campaign, said Nancy Libin, a staff counsel at CDT. "Now that they've gone home, I'm not sure what kind of priority it will be when they come back," she said. Several civil liberties groups had opposed the broadband bill as it lacked protections for so-called net neutrality. Net neutrality advocates want a law that would prohibit broadband providers from blocking or slowing service to Web sites offering competing content, and they have successfully halted the Senate version of the broadband bill, despiteÂ heavy lobbying from large broadband providers.
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As Governor Deval Patrick pushes the Legislature to eliminate what he calls an outdated "tax loophole" for telecommunications companies, a state board is slowly stripping away some companies' ability to take advantage of the exemption.
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A day after backing off a rules  change that would have allowed an indicted congressional leader  to retain his post, the House of Representatives on Tuesday  adopted a separate change that will make it harder to pursue  ethics probes of members of Congress.
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Senate Majority Leader-elect Harry Reid said Tuesday he's doing away with the "do-nothing Congress" that Democrats campaigned against and plans to keep senators working long hours &#151; focusing first on ethics, the minimum wage and stem cell research.
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The Senate rejected a bid to remove legal immunity for telecom providers that participated in a government surveillance program.
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The U.S. Senate defeated on Tuesday an amendment that would take away legal immunity from telecommunications providers that helped the U.S. National Security Agency conduct surveillance on U.S. residents, earning criticism from two civil liberties groups.The Senate, by a 31-67 vote, defeated an amendment to the FISA Amendments Act, a bill that would make changes to the Foreign Intelligence Surveillance Act of 1978 and allow the NSA program to continue. In the past, the NSA has conducted telephone and e-mail surveillance of U.S. citizens conversing with terrorist suspects overseas without court-approved warrants.The Senate was scheduled to vote on the full FISA bill late Tuesday.The Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT) slammed the Senate vote. &quot;Immunity for telecom giants that secretly assisted in the NSA&#39;s warrantless surveillance undermines the rule of law and the privacy of every American,&quot; said EFF senior staff attorney Kevin Bankston. &quot;Congress should let the courts do their job instead of helping the administration and the phone companies avoid accountability for a half decade of illegal domestic spying.&quot;It doesn&#39;t make sense for Congress to work hard on the FISA bill when the NSA and telecom providers can circumvent the law, added Greg Nojeim, CDT&#39;s senior counsel. &quot;The telecom immunity provision sends a message that it&#39;s OK for a telecom to assist with unlawful surveillance when secretly asked to do so by the government,&quot; he said.Democratic Senators Chris Dodd of Connecticut and Russ Feingold of Wisconsin had sponsored the amendment to get rid of legal immunity for the telecom providers. AT&amp;T and other telecom carriers are being sued in U.S. court in San Francisco for their participation in the surveillance program, which many civil liberties groups say is illegal.Last month, U.S. Vice President Dick Cheney said in a speech that it is &quot;entirely appropriate&quot; for U.S. intelligence agencies to seek help from private companies like telecom providers, because agencies don&#39;t have all the resources they need to keep the U.S. safe from terrorism.&quot;Some providers are facing dozens of lawsuits right now,&quot; Cheney said then. &quot;Why? Because they are believed to have aided the U.S. government in the effort to intercept international communications of al Qaeda-related individuals.&quot;A House bill, passed in November, does not include legal immunity for telecom providers that participated in the NSA program. The House and Senate would have negotiate the differences in the two bills before sending the legislation to U.S. President George Bush to sign. Bush has threatened to veto a surveillance bill that does not include legal immunity for telecom providers, but congressional authorization for the surveillance program expires Feb. 15.It would be counterproductive for Bush to veto a bill that extends surveillance programs that he says are critical, Bankston said. &quot;The only way they can [get legal immunity] is by fallaciously tying it to something critical,&quot; he said.The EFF will push hard to have House negotiators keep the telecom immunity provisions out of the bill that goes to Bush, Bankston added.The EFF and CDT both prefer the House FISA bill, called the Restore Act. Unlike the Senate bill, the House bill would require court approval of surveillance, and the House version would expire in two years, as opposed to six years in the Senate version. The CDT has produced a chart comparing the two bills.
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The Senate voted today to preserve retroactive immunity from lawsuits for telecommunications companies that cooperated with a government eavesdropping program, decisively rejecting an amendment that would have stripped the provision from a bill to modernize an electronic surveillance law.
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Mr. Dodd goes to Washington, and wins. The Connecticut senator and Democratic presidential candidate threatens to filibuster a bill giving immunity to telecoms that helped the government spy on Americans, prompting it to be dropped until next year.
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The Senate is by design a cumbersome place to do business. Any one of the 100 senators can gum up the works, and they often do &#151; without uttering a word.
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Senator Larry E. Craig backed away from his earlier decision to resign on Sept. 30 and said he would await a judgeâs ruling on a motion to reverse his guilty plea in a sex sting.
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Senate Democratic leader Harry Reid on Monday abruptly postponed until next month consideration of a measure to give immunity to telephone companies that participated in President George W. Bush's warrantless domestic spying program.