'Third Way' Think Tank Pushes Telecom Agenda on FISA Bill

A think tank with close ties to the telecommunication industry has been working with a key Democrat in the Senate on a domestic surveillance bill that would provide telecommunications companies with retroactive immunity for possibly violating federal law by spying on American citizens at the behest of the Bush administration.

Third Way, a non-profit "progressive" think tank that is funded and controlled by hedge fund managers, corporate lawyers and business executives has advised Sen. Jay Rockefeller on a domestic surveillance bill that includes immunity for telecommunications companies with which Third Way board members have close ties.

Rockefeller is the chairman of the Senate Intelligence Committee and has been the leading Democratic proponent of granting immunity to telecommunication companies that allegedly gave spy agencies access to their communication networks and databases without a warrant.

"I think we will prevail," Rockefeller told the Politico on January 23, referring to the disagreement over retroactive immunity for telecoms, "it's a pretty bad idea to appear cocky ... I'm not pessimistic."

Democrats connected to Third Way were integral in defeating a bill, supported by a majority of Senate Democrats, which might have prevented the telecoms from getting immunity.

This immunity provision is the major sticking point in the battle over the Foreign Intelligence Surveillance Act (FISA) legislation that is currently stalled in the Senate. The Bush administration has threatened to veto any FISA update that does not contain retroactive immunity. Civil libertarians and a majority of Democratic senators oppose the retroactive immunity, in part because the provision would cut off lawsuits against the telecom providers. These suits have been the most effective vehicles for uncovering the details of the Bush administration's potentially criminal surveillance activities.

"We have advised Senator Rockefeller on messaging and have talked to his staff regarding FISA," Matt Bennett, vice president of Third Way said. "We believe there should be immunity and have been cooperating with [Rockefeller's staff]."

Rockefeller's committee was tasked with drafting a FISA update bill after the House of Representatives passed a version of the legislation that intentionally did not include telecom immunity.

During the crafting of the Intelligence Committee bill, Bennett met with a frequent contact of his, Clete Johnson, Rockefeller's legislative aide for military and national security issues, to discuss the FISA legislation. At the meeting, Bennett advised Johnson on talking points to help make the case for telecom immunity.

"I told him that we thought it would be helpful for [Rockefeller] to talk about the reasons for providing immunity to the telecoms," Bennett said. "We thought it would be a bad idea to allow these companies to be held legally liable for cooperating with the government ... you want to encourage the cooperation of not just the telecom industry, but all other industries in the future."

This talking point stuck, and remains one of the main arguments made by proponents of granting retroactive immunity.

Rockefeller communication director Wendi Morigi confirmed the meeting and said members of Rockefeller's staff "meet periodically" with members of Third Way. She said Third Way "had no input in the process in drafting the [FISA] bill or anything related to it. They did not help write anything nor did anyone in Third Way meet with anyone writing the legislation."

Critics of the immunity provision argue the telecoms should have known their cooperation with the Bush administration could put them in legal jeopardy because the administration did not go through the proper channels and did not get warrants for the information they were requesting.