February 01, 2006

EFF Loons

Usually I think the Electronic Frontier Foundation does some good work. This time, they've just gone off their rocker. The EFF has filed suit against AT&T. For what?

This case challenges the legality of DefendantsÂ’ participation in a secret and illegal government program to intercept and analyze vast quantities of AmericansÂ’ telephone and Internet communications, surveillance done without the authorization of a court and in violation of federal electronic surveillance and telecommunications statutes, as well as the First and Fourth Amendments to the United States Constitution.

Uh...ok.

I think these people aren't quite aware of the Constitution. If there's a violation of "freedom of speech," it's difficult and almost impossible for an individual company to do so. If a company tells you to shut up about something, there cannot be a free speech violation.

If you're employed by them, you either shut up or get fired. If you're not employed by them, feel free to ignore them. Either way, there's no violations. It's the same with the fourth and other alleged violations here -- they're WAY off base with this lawsuit.

In addition, they're intentionally ignorant of the law. They list zero people who were harmed. If no one has been harmed, if there are no victims, what damages can they sue for? There are none! The lawsuit simply lists some people who have called long distance.

The lawsuit also claims that AT&T violated the law by giving database records to the government. Hey loons, unlike Google, perhaps AT&T is actually complying with law -- when the government subpoenas documents that may contain evidence of terrorism and acts against the government, you're supposed to provide them. Don't like it? Elect someone else.

I could go through each point of the lawsuit, but why? The lawsuit goes on for 28 pages. Each section lists the law that's allegedly been broken. And nearly every one has a section at the end that is similar to this:

(6) on demand of other lawful authority.

So the law clearly states that if there is an authority that requests the information, it needs to be provided. If the EFF is interested in questioning this action, they need to talk to the lawful authority and leave AT&T the heck out of it -- it's nothing but a waste of time and money that *I* will have to pay in increased fees for using AT&T services.

The lawsuit should be dismissed for various reasons, very quickly. There is no basis for the lawsuit. There is no evidence of any damages. The people listed in the lawsuit as suing and the lawyers who filed the suit should be heavily fined to discourage such lawsuit abuse.

But, in all likelihood, this is just a publicity stunt, being paid for with tax dollars (for court and document processing fees). Then again, AT&T might just give them some money to shut up -- again paid for by all customers to AT&T.

Posted by: Ogre at 05:06 PM | Comments (3) | Add Comment
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1 I was supprised when I heard about this too. I can't figure out why they are doing this other than to bring it to AT&T's attention or maybe get an injuction. I usually support the EFF but this is just odd.

Posted by: Arbitratorofall at February 01, 2006 05:44 PM (5+Jvh)

2 The whole mess is a consequence of the modern lack of understanding of rights. Somehow, we allowed flacksters to persuade us that: 1) there are no such things as property rights, but 2) there are such thinga as privacy rights -- apart from the privacy made possible by private property. In point of fact, there are no such things as privacy rights; the argument is almost too simple. The rule has always been: if you emit anything permanently from your control, it ceases to be yours, and you lose all right to control its further dissemination. That includes all forms of light, sound, and electromagnetic waves. We'll straighten it out some day, I'm sure.

Posted by: Francis W. Porretto at February 01, 2006 06:16 PM (PzL/5)

3 I wonder if it's just a ploy for money and if the EFF has been taken over by lunatics. And yes, Francis, you're exactly right about the confusion of rights. There's way too many people who actually believe that the Constitution GRANTS rights!

Posted by: Ogre at February 02, 2006 10:48 AM (+Gl1m)

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