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Constitutional battle brewing after telecom immunity invoked

The government has invoked the retroactive immunity provision of the recently-passed FISA Amendments Act in a motion to end the ongoing lawsuits against telecoms charged with complicity in the National Security Agency's controversial program of extrajudicial wiretapping. The Electronic Frontier Foundation, which is spearheading the litigation, promises to fight the immunity clause on constitutional grounds—and has given Ars Technica a sneak preview of the argument it plans to make...

Does that mean the corpulent contralto should start practicing her warm-up scales? Perhaps not: EFF attorney Cindy Cohn has a four-part constitutional harmony for Judge Walker to hear before he strikes the set. In an interview with Ars Technica last week, she outlined the argument she plans to present.

Monday, September 22, 2008
Ars Technica

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