The Electronic Frontier Foundation (EFF), intrepid crusaders that they are, argued against retroactive telco immunity yesterday in court, even though the judge said the opposition should be presented to Congress, not in the judicial system.
Huh? Doesn’t every other unpopular decision by a government agency or Congress go to an appeals court when challenged? That’s an odd double standard, Mr. Judge Sir. For example, every time the FCC issues an order someone doesn’t like, it’s challenged in court. And a judge rules on it. So why wouldn’t that also be the case when it comes to the telco immunity vote?
Our prediction is that the immunity is unlikely to be reversed. Even President-elect Barack Obama voted for the retroactive protection, so there seems little to suggest that an about-face would be on his priority list. We respect the EFF’s efforts, and appreciate that there’s still someone dedicated to fighting Big Brother, but our fear is that it won’t make much difference.
That’s either fatalistic or realistic … we’re not sure which.