Edward Snowden on surveillance: what the evidence says · JRE #1368

FACT CHECK // JRE #1368 // EXHIBIT LOG
EPISODE AIRED OCT 1, 2019 · THE JOE ROGAN EXPERIENCE
CLAIM CMREY4CFSTATUS: PUBLISHED
SUBJECT: SURVEILLANCE
Timestamp1:15:30
Aired
RulingNeeds Context

Not a true/false call. Every claim is logged with its sources; read the exhibits below.

// THE CLAIM · ON TAPE
was Congress passed an emergency law in 2007 called the Protect America Act, which should have been our first indication this is a very bad thing... and what it did was it retroactively immunized all of the phone companies
Edward Snowden@ 1:15:30
Watch on YouTubeJUMP TO 1:15:30

What the evidence says 01 / RECORD

Snowden correctly describes retroactive immunity for telecom companies that helped the government conduct warrantless surveillance, but attributes it to the wrong statute and year. The Protect America Act of 2007 (Public Law 110-55) amended FISA to create a temporary, one-year procedure for warrantless surveillance of persons believed to be outside the U.S. and required compensation for company assistance, but it contained no provision shielding companies from civil lawsuits. Retroactive immunity for telecommunications carriers was created the following year by the FISA Amendments Act of 2008 (Public Law 110-261), whose Title II (Section 802) directs courts to dismiss civil actions against companies that assisted government surveillance if the Attorney General certifies the assistance met certain conditions, including assistance rendered under 2007-era Protect America Act directives. The substance of the claim (that Congress retroactively shielded phone companies from surveillance-related lawsuits) is accurate; the specific law and year cited are off by about a year.

/// factcheckjoerogan.com