Wainstein and McConnell are holding firm that no civil liberties are adversely impacted by the Protect America Act. In that context, Rep. Tom Feeney (R-FL) asked a good question: Why, then, seek to codify in the law a prohibition on suing telecommunications companies from complying with government surveillance?
Wainstein’s answer? It’s “just not right” not to provide that immunity for a company cooperating with the FBI or NSA on surveillance. “It isn’t right if a company alleged to assist the country in a time of peril, turns around and faces costly litigation and maybe crushing liability,” he said. He didn’t say what laws the telecoms might be breaking currently. Later, McConnell told Rep. Zoe Lofgren (D-CA) that he would specify those laws to the panel in closed session.
Wainstein added that it might be a problem for a company just to be named in association with the surveillance program, due to public fear and skepticism of it. Yet last month in an interview with the El Paso Times, McConnell said AT&T and Verizon were cooperating with the government on surveillance.
