Obama Trumps Bush In Warrantless Wiretapping Case

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In Warrantless Wiretapping Case, Obama DOJ’s New Arguments Are Worse Than Bush’s – Electronic Frontier Foundation

Sad as that is, it’s the Department Of Justice’s second argument that is the most pernicious. The DOJ claims that the U.S. Government is completely immune from litigation for illegal spying — that the Government can never be sued for surveillance that violates federal privacy statutes.

This is a radical assertion that is utterly unprecedented. No one — not the White House, not the Justice Department, not any member of Congress, and not the Bush Administration — has ever interpreted the law this way. (My emphasis added in bold.)

Tim Jones, author of this EFF opinion piece, references an acutely contradictory statement from President Obama’s campaign website:

Secrecy Dominates Government Actions: The Bush administration has ignored public disclosure rules and has invoked a legal tool known as the “state secrets” privilege more than any other previous administration to get cases thrown out of civil court.

It is refreshing that the EFF, through the voice of Jones, certainly appears to show no bias in its defense of digital rights.

From the Internet to the iPod, technologies are transforming our society and empowering us as speakers, citizens, creators, and consumers. When our freedoms in the networked world come under attack, the Electronic Frontier Foundation (EFF) is the first line of defense. EFF broke new ground when it was founded in 1990 — well before the Internet was on most people’s radar — and continues to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today. From the beginning, EFF has championed the public interest in every critical battle affecting digital rights.

It should be noted that the EFF was highly critical of former President Bush’s DOJ as well.  Even though I disagree with the EFF from time to time, I appreciate any organization that takes politically unbiased positions.

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