Judge Makes Feds Pay Pocket Change To Two Lawyers It Wiretapped Without A Warrant

from the well-that-will-stop-them dept

Earlier this year, when a judge ruled against the US government for wiretapping some lawyers working with the Al-Haramain Islamic Foundation without getting a warrant, some people pointed out that the US government's best response might just be to say "okay" and go on with its life. The court has now made that an even easier decision by effectively slapping the wrist of the government, ordering it to pay $20,400 to each of the two lawyers.

Yes, if you share a a few songs you love with others, you may get fined millions of dollars, but if you're the US government, and you violate the 4th Amendment by spying on people without a warrant, you get fined $100 per day. And only for the two people who were able to bring a lawsuit because you screwed up and sent them the details of how you wiretapped them without a warrant. For everyone else who was wiretapped (or is still being wiretapped) without a warrant, you're out of luck, unless the government makes the same mistake with you, and then you go through years of trials to get $100 per day of wiretapping for your troubles. That said, the court did also require the government to pay these guys' legal fees, which amounted to about $2.5 million. But, still, the whole thing suggests it's unlikely that there will be any other legal challenges, and the US government can and will continue to break the law in the way it handles its wiretaps.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: 4th amendment, privacy, warrantless wiretaps


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    NullOp, 22 Dec 2010 @ 5:26am

    Tapped

    There are laws governing how much someone can be fined for an offense. They even apply to our government. It just "looks" like someone is playing favorites...

    link to this | view in chronology ]

    • identicon
      Michael, 22 Dec 2010 @ 5:43am

      Re: Tapped

      Yeah, but if it were a citizen, it wouldn't be a fine, it would be prison.

      link to this | view in chronology ]

    • icon
      Chronno S. Trigger (profile), 22 Dec 2010 @ 5:48am

      Re: Tapped

      It doesn't look like favoritism to me, it looks like we have a vary lopsided legal system. Someone has to pay $1.9mill for downloading a few song, these two get $20k each for having their privacy violated, and the lawyers get $2.5mill.

      link to this | view in chronology ]

      • icon
        VoicesInMyHead (profile), 22 Dec 2010 @ 5:59am

        Re: Re: Tapped

        "t doesn't look like favoritism to me, it looks like we have a vary lopsided legal system."

        I don't think it's a lopsided issue... it's the fact we have evolved a legal system and pushed aside any form of a justice system. (IMHO)

        link to this | view in chronology ]

  • icon
    anymouse (profile), 22 Dec 2010 @ 6:02am

    Wait a minute here... was there any 'music' recorded in these illegal wiretaps?

    Based on the fine and daily amount the feds were recording these guys for 204 days, I think we can safely assume (just like the RIAA/MPAA do) that in that time frame the Feds recorded some music in their wiretaps.

    So while they may only be on the hook for $100 per day to the lawyers, we should be expecting to see a lawsuit by the RIAA against the federal government for copyright infringement for every piece of a song that was recorded on any of those 204 day's recordings. This could open the Feds up to some huge fines based on what consumers would have to pay if they did the same thing (remember folks, recording music IS THE DEVIL, and you have to give the devil his due....).

    Seriously though, lets say I setup a recording device in public near an area where lots of people play music (radios, CD's, car stereo's, etc) and recorded all the 'sounds' for 204 days. Lets assume that I only recorded one 'song' per day in my perfectly legal public recordings, how much would the fine be if I was taken to court and the recordings were presented as proof of my 'copyright infringement'? $10,000? $100,000? $2,040,000?

    I think it's only fair that the Feds should be sued by the RIAA for any piece of music that they happened to record in their illegal wiretapping. Furthermore I think they should be slapped with Murder charges under the 'felony murder rule' since they are committing a crime related to killing someone, since 'Home recording is killing the music industry'.......

    yeah, I'm serious.... now where did I leave that tinfoil hat

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Dec 2010 @ 8:16am

      Re: Wait a minute here... was there any 'music' recorded in these illegal wiretaps?

      The money would go to the RIAA, not to the people being wiretapped. and the government has no problems handing money over to big corporations, don't give them any more excuses.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 22 Dec 2010 @ 6:10am

    Unfortunately, the appellate court might alleviate the damages.

    link to this | view in chronology ]

  • icon
    Andy D (profile), 22 Dec 2010 @ 6:14am

    Lazyness

    Whats really silly is how unnecessary warrantless wiretaps are. Would it really be that hard for the government to get a tame judge to sign a few warrants? It might still be a mockery of justice, but at least it would be through proper channels.

    link to this | view in chronology ]

  • icon
    kevjohn (profile), 22 Dec 2010 @ 6:25am

    dreadful

    "I'm not above the law, I AM THE LAW!"

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Dec 2010 @ 6:57am

      Re: dreadful

      You almost got it.

      I'm not above the law, I AM THE LAW!
      I decide what is legal and illegal by whim!
      And if you do not like that off to jail with you.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 22 Dec 2010 @ 7:07am

    Where do you think that money comes from? Us the taxpayers, save us money by not doing illegal stuff then getting fined because they were caught with their pants down.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Dec 2010 @ 7:23am

      Re:

      ...or bring copyright laws to bear some resemblance to really serious matter and cut that ridiculous amount of money that is asked today for frivolous copyright infringement.

      Unless you think copyright infringement is more of a serious issue then being spy upon your own government.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 22 Dec 2010 @ 7:24am

    Judge Dred would be proud.

    link to this | view in chronology ]

  • identicon
    dev, 22 Dec 2010 @ 7:33am

    copyright

    what if I register a copyright on my phone calls then I can I have millions from the government? Thats my IP, and if the gov is going to steal it I have no incentive to create.

    link to this | view in chronology ]

  • icon
    DOlz (profile), 22 Dec 2010 @ 10:14am

    The Real Problem

    Even if the fine had been lets say a million dollars a day for each person violated it would be meaningless. The real problem is that the people who made this decision are not being held accountable or punished in any way, so there is no disincentive for them not to do it again and again and ...

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Dec 2010 @ 1:11pm

      Re: The Real Problem

      Ah, but if the fine were higher the ones who manage the budget would put some pressure on the ones making the mistakes.

      Way more indirect than it should be, of course, but still some effect.

      link to this | view in chronology ]

  • identicon
    herbert, 23 Dec 2010 @ 1:50pm

    obviously, it's a much more serious offense to share music than to break the 4th amendment and invade privacy etc. at least in this judge's eyes it is. what an absolute joke!

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.