White House seeks legal immunity for firms that hand over customer data

The White House has asked legislators crafting competing reforms of the National Security Agency to provide legal immunity for telecommunications firms that provide the government with customer data.

In a statement of principles privately delivered to lawmakers some weeks ago to guide surveillance reforms, the White House said it wanted legislation protecting “any person who complies in good faith with an order to produce records” from legal liability for complying with court orders for phone records to the government once the NSA no longer collects the data in bulk. The brief request, contained in a four-page document, echoes a highly controversial provision of the 2008 FISA Amendments Act, which provided retroactive immunity to the telecommunications companies that allowed the NSA to access calls and call data between Americans and foreigners, voiding lawsuits against them. Barack Obama’s vote for that bill as a senator and presidential candidate disappointed many supporters. A congressional aide said the telecommunications companies were expected to “fight hard” for the provision to survive in any surveillance bill. Those firms, including Verizon and AT&T, have typically kept far more silent in public about NSA surveillance and their role in it than internet giants, like Yahoo and Google, which have pushed for reforms.