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story category AT&T Could Owe You $146,000
FISA violation means $36,500 per claimant, per four years of wiretapping
(old news - 11:25AM Thursday Feb 21 2008)
tags: legal · telco · legislation · trouble · privacy · Politics · AT&T U-Verse · AT&T Yahoo
Tipped by Jon See Profile
The Legality blog has an interesting read on just how much telecom providers like AT&T could owe their customers should the lawsuit against them for illegal wiretapping be allowed to proceed. While there are more than forty potential suits currently open against Sprint, Verizon and AT&T, the EFF's case against AT&T is the most highly visible, given it involved a 22-year former employee turned whistleblower. If the EFF case proceeds and it shows widespread violation of FISA laws, AT&T would be in some serious financial trouble:
Code provision 50 U.S.C. § 1810 imposes civil liability on any person (or entity) for each violation of FISA. Victims of illegal surveillance are entitled to recover $100 for each day they were wiretapped, or actual damages over $1000, whichever is greater. Additionally, FISA provides compensation for attorney’s fees and other costs of litigation. . . As you may imagine, one hundred dollars per day, per person adds up over four years. If the Hepting lawsuit is successful, AT&T could face damages of over $36,500 per claimant per year. Nearly every person with a computer or phone in the United States could be impacted.
AT&T serves 14.2 million broadband customers and roughly 70 million landline users. If they were forced to pay $146,000 to each landline customer, AT&T could be facing a total legal liability cost of $10,220,000,000,000.

While highly unlikely given AT&T's lobbying & legal prowess, these kind of numbers make it a little more clear why AT&T and Verizon have been spending millions in DC over the past few years in order to get legal immunity for their involvement in these programs. Congress is currently on vacation, but when they return the House will be tasked with deciding whether or not to fight, or support, these companies' request for immunity as they move to renew FISA.

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Forums » AT&T Could Owe You $146,000
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rosco
Lumbergh
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Send mine to...

I'd like mine in 20's and 100's please!

cabana
now in strawberry
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Re: Send mine to...

said by rosco See Profile :

I'd like mine in 20's and 100's please!
what he said
nasadude

join:2001-10-05
Rockville, MD
I prefer direct deposit
banaa007

join:2007-09-09
Monsey, NY

Re: Send mine to...

I wil take the cheque.
nasadude

join:2001-10-05
Rockville, MD
·Comcast

actually, since there's no way in hell consumers will see a dime, I would prefer that any telecom executives and lawyers that signed off on or agreed to do this for the government GO TO JAIL!

I don't know if the article talks about criminal penalties, but sending several top executive and top lawyers to jail would certainly provide a good lesson in civic responsibility.
FLATLINE

join:2007-02-27
Buffalo, NY

Re: Send mine to...

Civic responsibility??? Oh Please theres none of that in this country. As long as theres a Government or a Corporate Boss the sheep in this country will do whatever they are told even if its wrong. Its a shame.

Old_Grouch
Today is not your day
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Actually, they will pay off in long distance cards that expire in two years...

Then, they'll sell their long distance business to Quest. When Quest nearly goes belly-up from honoring all the free long distance, at&t will buy Quest on the steps of the bankruptcy court...for pennies on the dollar of course.

Totally bogus...but fun to imagine.
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TheWickerMan

join:2002-04-09
Enola, PA

Re: Send mine to...

said by Old_Grouch See Profile :

Actually, they will pay off in long distance cards that expire in two years...
That certainly wouldn't surprise me.

My wife had to rent a car awhile back, and apparently the company was involved in a class-action lawsuit that was effective during the time she had rented the car. The company sent her a discount coupon for her next car rental, which expired a few months later. And since neither of us had any reason to rent a car, the coupon went unused.

Since most people don't rent cars on a regular basis, I doubt the company was out any significant amount of money.
james1

join:2001-02-26
antarctica

Re: Send mine to...

The class action lawyers are the ones who screwed you there. They're the ones who make the real money, the customers get a fraction of what they should.
joker5656

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said by Old_Grouch See Profile :

Actually, they will pay off in long distance cards that expire in two years...

you mean a month after you get them cause it took so long for them to get them to you.

supergirl

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said by rosco See Profile :

I'd like mine in 20's and 100's please!
I want mine in Gold!
--
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mlundin

join:2001-03-27
Mishawaka, IN

I'm holding my breath...

Should be here any time now....

MrMoody
Beleaguered Middle Class

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Class Action Lawyers

Until the lawyers get done dealing and you get a coupon for one free month.
--
The public is a poor business manager.

S_engineer

join:2007-05-16
Chicago, IL

Re: Class Action Lawyers

But you'll have to send away for that coupon at your own expense!
jc100

join:2002-04-10
No you give too much credit to the process. If this does proceed, we'll get the netflix deal. One coupon for a free upgrade for a month and then you MUST cancel that upgrade if you don't want to be billed for it!!

Boricua65
Oye, chico

join:2002-01-26
Sacramento, CA

Ching, ching

I could use a few extra coins in my pocket .

newview
Ex .. Ex .. Exactly
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I'll settle right now

for half.

Just send me a check.

MysticGogeta
The Robot Devil
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Re: I'll settle right now

Same here

major marco
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Negligible

Even if the Death Star were ever forced to payout, they could easily handle the financial ramifications of such a hypothetical settlement. $146k per claimant is chump change. They'd still easily have billions leftover. In fact, if they ever even had to defend against such a suit in court (which they never will) they'd most likely spend a hell of a lot more on legal counsel.

TK Junk Mail
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Re: Negligible

said by major marco See Profile :

Even if the Death Star were ever forced to payout, they could easily handle the financial ramifications of such a hypothetical settlement. $146k per claimant is chump change. They'd still easily have billions leftover. In fact, if they ever even had to defend against such a suit in court (which they never will) they'd most likely spend a hell of a lot more on legal counsel.
Maybe you should go back to math camp.

40,000,000 AT&T customers * $146,000 =approx
$5.8 trillion dollars. DUH!! I don't think they can pay that.
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backness

join:2005-07-08
K2P OW2

Re: Negligible

So, for the record, do you support AT&T and VZ doing such massive monetary damage to the American People?
openbox9

join:2004-01-26
Navarre, FL

Re: Negligible

What massive monetary damage to the American people?
backness

join:2005-07-08
K2P OW2

edit:
February 21st, @11:18AM

Re: Negligible

5.8 trillion in damages and it looks like the figure could be 10 trillion...

edit: speelin and mixed my billions with trillions
openbox9

join:2004-01-26
Navarre, FL

Re: Negligible

That damage would be to AT&T, not the American people...unless you're assuming AT&T will be found liable and the govt will bail them out at the expense of the American people's tax dollars.
backness

join:2005-07-08
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Re: Negligible

uh... the damages are in compensation for the violation of FISA law.

My implication was that, since TK is a strong supporter of civil damages (i.e. RIAA), he should have no moral bias towards the imposition of these types of fines towards a business entity which clearly violated the law and as such should be held accountable (as we have heard ad nauseum)

Thanks for taking all the fun out of it
openbox9

join:2004-01-26
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Re: Negligible

Umm, ok. Sorry to ruin your fun I guess
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said by backness See Profile :

a business entity which clearly violated the law
What do we do about 18 U.S.C. 2511(2)(a)(ii)(B) which grants immunity merely if the AG certifies that a warrant isn't necessary? Or, U.S.C. 2702(a)(3) & (c) was amended in 2006 to reduce "reasonable belief" of "imminent danger" to merely "good faith belief" of "danger" (not imminent)?

Mark
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Re: Negligible

said by amigo_boy See Profile :

said by backness See Profile :

a business entity which clearly violated the law
What do we do about 18 U.S.C. 2511(2)(a)(ii)(B) which grants immunity merely if the AG certifies that a warrant isn't necessary? Or, U.S.C. 2702(a)(3) & (c) was amended in 2006 to reduce "reasonable belief" of "imminent danger" to merely "good faith belief" of "danger" (not imminent)?

Mark
Maybe Robespierre had the right idea...

bear73
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Repeal Patriot Act and similar fear-monger laws?
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Re: Negligible

said by bear73 See Profile :

Repeal Patriot Act and similar fear-monger laws?
I'm ok with that. But, until then, it seems like fear mongering itself to say AT&T "clearly violated the law" when there are laws that clearly would cover the activity.

It's this kind of mentality which causes me to understand AT&T's desire for immunity.

Mark

RangerTX
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Re: Negligible

said by amigo_boy See Profile :

said by bear73 See Profile :

Repeal Patriot Act and similar fear-monger laws?
I'm ok with that. But, until then, it seems like fear mongering itself to say AT&T "clearly violated the law" when there are laws that clearly would cover the activity.

It's this kind of mentality which causes me to understand AT&T's desire for immunity.

Mark
Please tell me which law protects at&t when they violated the law?

vaxvms
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Re: Negligible

said by RangerTX See Profile :

Please tell me which law protects at&t when they violated the law?
AT&T hasn't been proven guilty of violating any law. Not yet.
--
Don't believe everything you think.

GuiltIsImplied

@frontiernet.net

Re: Negligible

Of course they haven't been proven guilty. But use common sense here! They know they're guilty as hell or they wouldn't be screaming bloody murder for not getting retro immunity. If they did nothing wrong what immunity would they need? Is this really that hard to understand??? Why isn't THIS FACT part of the discussion? Everyone talks about whether or not they should get. When the real question is WHY DO THEY FEEL THEY NEED IT??????
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said by RangerTX See Profile :

Please tell me which law protects at&t when they violated the law?
See 3-4 posts up the thread.

Mark

Karl Bode
News Guy
join:2000-03-02
As of the BellSouth merger they had 70 million landline customers...I assume they've lost a few million off of that total, but I'm not sure it's 30 million?

Still, yeah, with 70 million x $140,000 = $10 trillion?
tkdslr

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·Speakeasy

Re: Negligible

said by Karl Bode See Profile :

As of the BellSouth merger they had 70 million landline customers...I assume they've lost a few million off of that total, but I'm not sure it's 30 million?

Still, yeah, with 70 million x $140,000 = $10 trillion?
I'm fairly sure BS merger occured after the lawsuits were filed, and the FISA court oversight was re-established.

Howevere the BS/AT&T merger adds additional assets to the pot to be distributed to plantiffs.

pnh102
Reptiles Are Cuddly And Pretty
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Mount Airy, MD

said by TK Junk Mail See Profile :

Maybe you should go back to math camp.
This one time, at math camp...
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DrewCapu
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Re: Negligible

Protractor?
Compass?
Yardstick?

Count Zero
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Re: Negligible

Platinum Iridium Meter standard bar
SilverSurfer

join:2007-08-19


edit:
February 21st, @11:49AM

said by TK Junk Mail See Profile :

Maybe you should go back to math camp.

40,000,000 AT&T customers * $146,000 =approx
$5.8 trillion dollars. DUH!! I don't think they can pay that.
Before you jump on someone else pretending you know everything, perhaps you should go to law school - $146k is at best a very generous, above all, educated guess based on what the blogger at Legality believes a jury would award. If At&t were ever forced to settle, rest assured, the amount would be significantly less.

RangerTX
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said by TK Junk Mail See Profile :

said by major marco See Profile :

Even if the Death Star were ever forced to payout, they could easily handle the financial ramifications of such a hypothetical settlement. $146k per claimant is chump change. They'd still easily have billions leftover. In fact, if they ever even had to defend against such a suit in court (which they never will) they'd most likely spend a hell of a lot more on legal counsel.
Maybe you should go back to math camp.

40,000,000 AT&T customers * $146,000 =approx
$5.8 trillion dollars. DUH!! I don't think they can pay that.
Sure they can. They can sell off all of their asset etc...i am sure that will bring 5.8 trilian when everything is said and done.

See 6 replies to this post
Mr Matt

join:2008-01-29
Eustis, FL

The best government money can buy.

Don't hold your breath for any form of compensation. The telcos will probably receive immunity because they have the best government money can buy.

Mike
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Re: The best government money can buy.

...just the telcos?

RainWind

join:2000-10-20
Van Wert, OH

said by Mr Matt See Profile :

Don't hold your breath for any form of compensation. The telcos will probably receive immunity because they have the best government money can buy.
Seriously. Who needs laywers when the government can just re-write the laws for you.

Laws were in place against this sort of thing with punishment already laid out. If they get immunity its further proof that the government is corrupt. Not that we need more proof, but its just another example of how big businesses can break the law and avoid the consequences.
old_wiz_60

join:2005-06-03
Bedford, MA

Re: The best government money can buy.

Exactly the point. Speculation on getting money from the telcos for what the government told them to do is a waste of time. Big business has always been forgiven for helping the government.

lest we forget

@frontiernet.net

Re: The best government money can buy.

AND PUNISHED FOR NOT HELPING. Former QWEST CEO Joseph Nacchio is in prison for not cooperating under the guise of insider trading. To an extent it was accurate...Qwest was supposed to earn BIG CONTRACTS from the govt for spying. Then he decided...you know what, this is illegal so we can't participate. He knew the contracts were not going to materialize so he pulled out some stock before the value went down.

»blog.wired.com/27bstroke6/2007/1···t-a.html

XBL2007

join:2001-01-03
Chicago, IL

Awesome!

I need the money!!!

koma3504
Advocate
Premium
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North Richland Hills, TX

Gold

Ill take mine in gold bars as it is probally triple that amount or more.

rosco
Lumbergh
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Catskill, NY

Re: Gold

wouldn't $146,000 worth of gold be worth about $146,000?

koma3504
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Re: Gold

Sure but its value keeps going up

laserjobs
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Re: Gold

said by koma3504 See Profile :

Sure but its value keeps going up
Just like houses?
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koma3504
Advocate
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Re: Gold

yep

icp1
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prove it

First you have to prove you were tapped, which the gov't will say "state secret" and toss the case...

not going to happen...

gaforces
United We Stand, Divided We Fall

join:2002-04-07
Santa Cruz, CA

Re: prove it

The judge should be able to access the list of people who were tapped, keep it secret, and credit the damages accordingly.
--
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openbox9

join:2004-01-26
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Re: prove it

Not much of a secret if a bunch of people get checks for $146K.

punker
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said by icp1 See Profile :

First you have to prove you were tapped, which the gov't will say "state secret" and toss the case...

not going to happen...
YEs they did

why do you think they are pushing very hard for Telecom Immunity

woody7
Premium
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Torrance, CA

pffttt....

Now you know why there is a such a great push for retroactive immunity. It is/always about the money. No one gives a rats a$$ about your rights..Peace
--
BlooMe
amungus
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what a shame

It's such a shame.

It's not even all about the money.

Sure, they'll claim it is, and logically the numbers will be extremely huge because they're freaking "ma bell" (got the ill communication ).

It's more about being responsible. They ought to just go ahead and admit it. Everyone knows what's really going on anyway, and the whole "oooh, but our secrets can't get out.." excuse is beyond lame. Nobody cares so much about HOW they're doing what they're doing, it's the why.

Not many people disagree that yes, they should be able to tap some things for purposes of tracking down a person, as long as 1) they have a just cause 2) they'll keep their end of the bargain and get a warrant - even if it is 'after the fact' by their most generous time limits of, what is it, 90 days???

If the agents can't even get a warrant within that time frame, then doesn't it seem reasonable that maybe, just maybe, it wasn't worth it in the first place and they should move on to "bigger fish" or something that might be worthwhile?

The part(s) most people have problems with, is all this is the idiotic notion that everything must be tapped and that big brother must watch everything. Why? What good does it do to have extraneous information that's completely irrelevant?
It's not only wasteful, it's underhanded, pretentious, and apparently, it used to be illegal.

Not illegal anymore I guess. That must be nice to be able to just change the laws to suit your self.

Why not give retroactive immunity to non-violent small time criminals who are overcrowding prisons across this country?
MyDogHsFleas
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edit:
February 21st, @11:37AM

This news item actually makes sense, sort of.

quote:
While highly unlikely given AT&T's lobbying & legal prowess, these kind of numbers make it a little more clear why AT&T and Verizon have been spending millions in DC over the past few years in order to get legal immunity for their involvement in these programs.

Well, DUH. This is exactly what I've been saying in other news article comments as this story unfolds. This is not about "illegal wiretapping" or "breaking the law". This is about a company trying to stay out of class action lawsuit hell.

My comment is: why shouldn't AT&T spend money on lobbying this issue? First, it's perfectly legal. Second, it's manifestly clear from a business point of view that it's in their interest to avoid being liable for billions or trillions of dollars in damages. If you owned stock in AT&T and they did not try to avoid these liabilities, you'd probably sue them for malfeasance.

quote:
Congress is currently on vacation, but when they return the House will be tasked with deciding whether or not to fight, or support, these companies' request for immunity as they move to renew FISA.

Jon, you've left out some important points.

(a) Congress left without renewing FISA at all! Your story completely glosses over that little detail.

Instead the Democrats decided to ram through procedurally loaded deals against the Justice Department over their hiring and firing practices. They've prioritized election-year partisan manuvering above working on national security.

(b) The immunity deal is a small part of FISA. You make it sound like that's the biggest issue. It's not.