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Feds sue State's Attorney Generals

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posted on Jun, 16 2006 @ 01:44 PM
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State vs. Federal. The Federal government has moved to sue State Attorney Generals who are trying to get information from companies involved in the incident where large amount of information was turned over to the NSA. Citing 'national security' the Feds are moving to shut down the State's right to find out the extent of involvement of various companies. The States are concerned that the information was turned over without the knowledge or consent of their citizens.
 



foxnews.com
In this matter, the federal government said the New Jersey officials are treading on federal turf and that the companies, if forced to comply with the subpoenas, would be confirming or denying the existence of the program. President Bush and other top federal officials have refused to do that.
"The phone companies were turning over information without any notice to consumers," Wald said. "We were seeking to protect the people of New Jersey."

The Justice Department said more than 20 lawsuits have been filed around the country alleging that the phone companies illegally assisted the NSA. The government says sensitive national security information would be revealed if judges allow those cases to proceed.

Assistant Attorney General Peter Keisler also warned lawyers for the phone companies that responding to the subpoenas "would violate federal laws and executive orders."



Please visit the link provided for the complete story.


States vs. Federal this will be interesting unless of course it's all over because of the infamous an ubiquitous 'national security.' I say let them fight it out. Maybe it's time for stronger states rights it seems to have been going all the other way for too long. If their is language in the agreement with these companies, AT&T and Verizon for example, that requires them to notify customers before turning over their information then they should be held to it. If there is not then some young entrepreneur should step forward and guarantee that his or her company will not turn over anything to any body without consent of the governed. Oh yes, I have heard of the Supremacy Clause but I don't think it applies in this case, for reasons of personal security.

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[edit on 16-6-2006 by polanksi]

[edit on 16/6/2006 by Mirthful Me]


[edit on 16-6-2006 by DontTreadOnMe]




posted on Jun, 17 2006 @ 12:23 PM
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It will take us years to unearth all the crap this administration has done and hidden, supposedly to protect us (actually to cover their asses) muchless to repair the damage. BUT if Ameerican history repeats itself again, while we are currently experincing a swing towards greater federal and executive power (weren't Republicans by temperment opposed to this sort of thing?) the next phase will be a reassertion of congressional and state power. Its kinda like damned one way or the other.



posted on Jun, 17 2006 @ 12:47 PM
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Well, we as an American people should know by now that we are supposed to want to be spied upon by the government! Thank goodness the states at least are looking out for their people's best interests. Then the Feds suing the state.
Why am I not surprised? Truth is almost a sin in this country, buried under government statements telling us what we should know.

[/sarcasm]



posted on Jun, 17 2006 @ 01:49 PM
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In California, at least, releasing customer information without prior consent or duly sworn court order Is in direct violation of the State's Public Utilities Code, section #2891.

This is a point I've made in several previous posts. And toward the idea of "walking the walk, not just talking the talk", on May 02,2006 I filled an official complaint with the California PUC, alleging that:

"By allowing the National Security Agency (NSA), an agency of the United States federal government, to utilize its equipment to monitor and/or intercept the telephone and internet communications of its customers, without the required notification or legally issued warrant, AT&T and others knowingly and willfully have violated Section #2891 of the California Public Utilities Code."

The way the code section is written, all that is required is to prove that customer data, as outlined by the provisions of the code, was released without notification or warrant; facts which the government had already publically admitted. The technology employed by the government, be it classified or open, is non sequentur to the alleged violation.

Under the code, it doesn't matter How the NSA got the data from AT&T, but rather that AT&T Allowed the government, through the NSA, to get thier customer's data, without the required notification or warrant!



posted on Jun, 17 2006 @ 03:42 PM
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If is an issue of braking the law and our rights to privacy, then I expect that something be done.

But as anything in our country it will be a way to make the government look bad when it comes to violating private citizens rights.

Looks kind of funny that is the feds the one suing the state usually the state try to preserve its rights.



posted on Jun, 17 2006 @ 08:05 PM
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I see the logic behind both the feds and the state attorney generals. This is an awkward case to fight out in court because of the security sensitivity of the issue, but perhaps such a fight is unavoidable. Even though I don't believe what the NSA is doing is illegal, I do believe in state's rights and I will pull for them if the case actually goes to court.



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