I wonder how many have actually read the fourth amendment in the Constitution. If you haven’t had the chance, here’s what it says,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Wow, that’s a pretty bold and clear cut statement to make. It’s funny though, how the Constitution has become more of a piece of history, than an actual body of law for which to govern ourselves by. You need not look any farther, than this article by Wired.com.

AT&T, Verizon, MCI, Sprint, and various other telecommunication companies are all on trial for violating wiretapping laws, and the amendment of the Constitution I just mentioned. The carriers had cooperated with the Bush administration, in providing American’s private communications to the NSA. All of which were transacted without a single warrant, and more than likely any probable cause.

Back in July, yet another domestic spy bill was passed. In it the bill, it supported the killing of the lawsuits and granted amnesty to the telecom companies. The civil liberties groups, and class-action lawyers were already facing an uphill battle before. Now that the July bill was passed, they now have to go before a federal judge just to have that overturned. Then they can begin their actual case against the telecom companies. If you think our president-elect will be any help in this regard, think again. Obama voted to pass the July domestic spy bill. Supporting this bill is a far cry from his remarks about net neutrality and personal freedoms.

President Bush has publicly defended the telecoms, and urged the judge presiding on the case to defend their amnesty. The Congress has gotten in on the action as well, sending this statement,

“Foreign Intelligence Surveillance Act of 1978, Amendments Act of 2008, represents the considered judgment of our nation’s political branches that, in the unique historical circumstances following the 9/11 attacks, telecommunications companies should not bear the burden of defending against claims that those companies assisted the government in its efforts to detect and prevent further terrorist attacks.”

What really leaves me scratching my head, is how the amnesty is granted to the telecoms even if the informations wasn’t court ordered, or mandated. So, the telecoms willingly provided the information even when they weren’t bound by law to do so. Therefore, we as a people have a right to make a claim that what we thought they did was wrong. Apparently, the government sees it it a bit differently. Now, if the telecoms had a court order to give up the information then this would be a different story.

All of this trails back to 9/11. In a time of fear, chaos, and sadness we let those feelings circumvent our feelings about freedom, and controls the government should have. If terrorism’s priority is to instill fear into people, and let that fear control their lives it really looks like what they did worked.

I like to think back to an old adage by the great thinker Benjamin Franklin,

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”

I’d like to think that we could all learn something from that quote. Primarily the government, and the telecoms giving up our private information.

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