Submission + - Retroactive Telecom Immunity Unconstitutional? (wired.com) 1
I Don't Believe in Imaginary Property writes: "Many non-lawyers on Slashdot have speculated that retroactive immunity for warrantless wiretaps is unconstitutional, and it certainly ought to be, but the most cited reason — 'ex post facto' laws — only apply to retroactively condemning things, not excusing them. The lawyer Anthony J. Sebok has a different argument. He points out that, in other contexts where it was granted (e.g. for asbestos lawsuits), it was only allowed because there was a victim's compensation fund. Therefore, because the government can't reasonably do that here — they can't just give money to suspected terrorists — the immunity provision should be held to be unconstitutional."