 marigoldsGainfully employed, finallyPremium,MVM
join:2002-05-13
Saint Louis, MO
kudos:2 | A minor difference... While the appeals court said section 1080 did not waive sovereign immunity, they also made it quite clear that section 2712(a) does.
What's the difference? 1080 allows you to sue persons for the act of wiretapping. 2712(a) allows you to sue the federal government for damages caused by use of the information from wiretapping.
Which is better than not having FISA in the first place. Before FISA, sovereign immunity made the federal government immune to any and all suits for wiretapping (you could only exclude the evidence in criminal trial under the 4th amendment, but not recover any damages nor injunction). FISA at least waives sovereign immunity to the extent that you can recover damages if the information from a warrantless wiretap is used against you.
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