Join the Legal Fight Against Big Brother Corporations
by Carl J. Mayer
www.dissidentvoice.org
May 17, 2006



 

On Friday, May 12, 2006 I, along with fellow public-interest lawyer Bruce Afran, filed the first lawsuit challenging the domestic spying operation conducted by the Bush White House, the National Security Agency (NSA) and the major phone companies. 

We are seeking to permanently enjoin an Orwellian Big Government/Big Business snooping operation that monitors the calling habits of 200 million Americans.

The lawsuit was filed as a federal class action before Judge Sand in the Federal District Court for the Southern District of New York. 

This program violates the rights of American citizens in two ways:

First, the Constitution protects the privacy of all Americans. The Fourth Amendment to the Constitution prevents the government from engaging in unreasonable searches and seizures. Monitoring the domestic calls of millions of phone company consumers without a warrant or court order may well violate this Amendment. The Constitution, as interpreted by the Supreme Court, also protects a general right of privacy: the right “to be let alone,” in the words of Supreme Court Justice Brandeis.  

Second, the phone companies have patently violated the Telecommunications Act of 1934, which prohibits them from releasing the records of customers without court order. The fine for each single violation is $1,000. We filed a $50 billion dollar lawsuit against Verizon. That might get their attention.

Now is the time for progressive and committed Americans to stand up and be heard and to demand an end to this wholesale privacy invasion of virtually every citizen that owns a phone in this country.

Even the ethics-challenged and insider-trading indicted CEO of Qwest corporation understood plainly that the Bush administration's request for millions of phone records without court order or warrant was patently illegal.  Accordingly, Qwest refused to turn over customer records.  

The company even went so far as to tell the Bush administration that it would tender the records if the government obtained a court order or an opinion from the Attorney General. The Bush administration never did, but persuaded ATT, Verizon and Bell South to cough up, wholesale, the records of tens of millions of Americans without probable cause or court order. 

When the CEO of a phone company takes a tougher stand to protect individual privacy in this country than the leaders of either political party, you know its time to get organized.

The Democratic Party leadership has already signaled that it will not stand tall to safeguard the privacy of America’s citizens. Republicans, not Democrats, are leading the call for hearings on this topic. The Democratic Party leadership is trying to finesse the issue; with its titular leader Senator Kerry saying that the Administration may be doing the program in a “manageable” way. 

Hello? Has your dial tone malfunctioned, Senator Kerry? How do you monitor an entire citizenry in a “manageable way”? 

Rather than participate in Republican show hearings, Democrats ought to join our lawsuit.  

Where are the state attorney generals who are supposed to be protecting consumers and upholding local contract and privacy laws?

Where are the law school deans speaking out against this invasion of privacy and questioning whether the calling patterns of law professors are being monitored?

When are the leaders of the Democratic Party going to decide that now is not the time to play it safe hoping that Republicans keep making mistakes, but rather the time to take aggressive stands to protect the very liberties that are the cherished common heritage of our Nation?

The Bush administration has lost enormous credibility on national security matters (WMDs, Guantanamo and “Total Information Awareness”) and this latest program is just another techno-dream of electronic surveillance substituting for field intelligence on the ground. It’s not just illegal, but likely ineffective.

Our offices have been flooded with calls and emails from citizens wanting to join this litigation.

Join us. 

There is a role for everyone. If you are a lawyer, or have legal skills, stand with us. If you want to be a plaintiff, welcome aboard. 

Even if you don’t have the time or resources, just hang-up on ATT, Bell South and Verizon by switching your service to a carrier that will not turn over private records.

When Big Government and Big Business team up to snoop in every neighborhood in the land, a citizen response shall ensue. 

Other than the venerable liberties safeguarded in our Constitution, the power of the people to reform the instrumentality of government is the noblest and greatest path we have to redeem the promise of democracy.

Carl J. Mayer runs the Mayer Law Group with offices in New Jersey and New York. His blog www.newjerseyuntouchables.blogspot.com is devoted to fighting political corruption.

Other Articles by Carl Mayer

* Ten New Year's Resolutions for Progressives
* Michael Moore: Court Jester for Corporate Criminals
* Kerry and the Sopranos: Why New Jersey is in Play
* No Self-Respecting Progressive or Green Can Vote for David Cobb
* History is on the Side of a Nader Candidacy
* Cobb's Cool-Aid

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