[IP] Re: INTERESTING TAKE .. BEST LAW MONAY CAN BUY -- Senatevotes Telecom immunity

[David Farber <dave@farber.net>]

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From: agrosso@att.net [agrosso@att.net]
Sent: Wednesday, February 13, 2008 11:51 AM
To: David Farber
Subject: Re: [IP] Re:   INTERESTING TAKE ..   BEST LAW MONAY CAN BUY --  Senatevotes Telecom immunity

The US Constitution provides that Congess determines the jurisdiction of courts to hear cases, so Congress can divest the courts of jurisdiction over these cases, at least against private parties such as AT&T.  Less clear is whether Congess can immunize the Executive Branch from a suit alleging a constitutional tort (or "Bivens action") for violating the Fourth Amendment.
Sent from my BlackBerry® wireless device

-----Original Message-----
From: David Farber <dave@farber.net>

Date: Wed, 13 Feb 2008 07:26:31
To:"ip" <ip@v2.listbox.com>
Subject: [IP] Re:   INTERESTING TAKE ..   BEST LAW MONAY CAN BUY --  Senate
 votes Telecom immunity



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From: Seth [sethb@panix.com]
Sent: Tuesday, February 12, 2008 10:28 PM
To: David Farber
Subject: Re: [IP] Re:   BEST LAW MONAY CAN BUY --  Senate votes Telecom immunity

[for IP]

> While GWB could (and would be expected to) use his pardon power to
> make any criminal prosecutions go away - the Senate just gave AT&T a
> free pass for civil liability as well.

That isn't clear: the people whose privacy was violated have an asset
(their claim against AT&T), and the Constitution prohibits the taking
of that asset without fair compensation.  Therefore, a bill providing
immunity from civil suits without compensation may be
unconstitutional.

Seth

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