I confess I don’t understand the current debate in Congress about legal liability for telecom companies that cooperated with the government in the wake of September 11. The issue isn’t whether the kinds of assistance those companies provided ought to be legal—Congress is free to decide that issue prospectively. The only real question is whether, having been promised that they would not face legal liability for their actions, the promise should now be revoked, retroactively. That just isn’t a hard question.
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