Legalese

A recent decision was made on another series of lawsuits making the crazy claim that since the government and telecommunications companies illegally spied on us, someone somewhere should maybe face a criminal case, jail time, a large fine, a stern talking to, or a stern finger wag because of it. Of course this nonsense was thrown out of court. But we knew this would happen. The rule of law clearly states that those who rule must be protected from the consequences of the law.

But what is of interest is not so much the fact that the case was thrown out of court, but the reason why. We've moved beyond mere "The government did it so it's legal" and "Unless you can get the government or the telcoms to willingly give you information specifying that your were spied on, you can't sue" to merely stating that everyone got fucked over equally, so you should just take it like a man.

He noted that the plaintiffs include most every American connected to the internet or to have used a telephone — meaning the lawsuits boil down to a “general grievance” and are barred. The decision came days after a government audit showed the telecom companies and FBI collaborated for four years, between 2003 and 2007, to violate federal wiretapping laws.

Judge Walker said that the lawsuits, in essence, cannot be brought because they are “citizen suits seeking to employ judicial remedies to punish and bring to heel high-level government officials for the allegedly illegal and unconstitutional warrantless electronic surveillance program or programs now widely, if incompletely, aired in the public forum.”

Unfortunately the government and telcoms just spied on and wiretapped too many goddamn people, otherwise the courts would totally be able to do something. But since these spying thingy-dingys happened to essentially everyone with a phone or internet they get bussed down from Constitutional violations to general grievances. Your concerns are now legally like the buzzing of flies to Lord Vigo the US government.

And where was the Obama Administration on this case? They were busy trying to get it dismissed based on the "state secrets" privilege and arguing that the US government should not be allowed to be sued unless it has given consent, aka "sovereign immunity." Well at least they're vigorously fighting for one principle they hold dear.

So remember, if you think your Constitutional rights have been violated, you totally have legal recourse.... as long as Congress doesn't pass a retroactive law absolving those who have violated your rights, a company and the government wishes to willingly incriminate itself in said rights violation, the government doesn't claim a "state secrets" privilege, and also doesn't claim the rights of a 12th century Prussian monarch. Wonderful.

...and the home of the braaaave.