clarification -- Senate votes Telecom immunity (not just 'no fees')

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Ethan Ackerman" <eackerma () u washington edu>
Date: February 13, 2008 2:26:20 PM EST
To: dave () farber net
Subject: Re: [IP] clarification -- Senate votes Telecom immunity (not  
just 'no fees')

Greetings Dave,

Several recent posts on IP seem to have confused the issue of
"immunity" vs. "no attorneys fees".  The senate bill stops suits,
current and future, whether brought as a class action or by an
individual or even those brought by states.

The bill passed by the U.S. Senate yesterday says the following:
"a [lawsuit] shall not lie or be maintained in a Federal or State
court, and shall be promptly dismissed, if the Attorney General
certifies to the court......"

That means no suits, not just no "attorneys fees." Suits can't be
started, and existing ones (whether EFF or the Maine P.U.C.) can't be
continued.

That particular language has not changed since the bill was
introduced, other than Senator Dodd's failed amendment attempt to
remove it.

The actual text passed by the Senate can be read by clicking on
"Engrossed Amendment as Agreed to by Senate" at:
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.3773:


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