So, now that the NSA phone records database has become public knowledge, and the inevitable outcry has arisen, Verizon and other companies are hastening to announce that they, of course, have nothing whatsoever to do with it, and would of course NEVER divulge subscriber information to the government, say, without telling you first.
This, of course, has nothing whatsoever to do with the $50 BILLION lawsuit filed against Verizon for violating its customers' privacy. Or the dozens of similar lawsuits against BellSouth and AT&T.
"The Telecommunications Act of 1934 is as clear as clear can be," plaintiff Carl Mayer said. "You can't turn over the records of your customers and if you do so it's $1,000 per violation. The Constitution is very clear. The Supreme Court has consistently held that the Fourth Amendment prevents unlawful searches and seizures which we believe this to be."That sounds pretty straight-forward, hmmm? At $1000 a pop for each of Verizon's 50 MILLION subscribers, that $50 billion in ACTUAL DAMAGES.
Is this lawsuit likely to succeed? No. Here's why: The telcos have too much vested in their business to let it come crashing down because the USA-PATRIOT Act says the government can do whatever it wants. They are, right now, in an untenable position, in which they are criminalized by either of two laws regardless of what action they take. The inevitable result? The telcos, or someone working on their behalf, will get a case before the Supreme Court which will get the Supremes to strike the Patriot Act as unConstitutional.
Which is long overdue.
For once, and this may well be the only time you hear me say this: GO LAWYERS!
