The primary objection that the ACLU has to the bill as it currently stands is that there is no provision for meaningful review of the interception of private e-mail and telephone calls by either Congress or the courts. Decisions about collection, mining, and use of the information is all left up to the discretion of the Executive branch. The government is supposed to run on checks and balances, but in this case, checks and balances have been thrown out of the window. The Executive branch is left to investigate itself, and if the last seven years have taught us anything, it should be how completely ineffective that is.

From a model letter the ACLU is urging its membership to send to their Congressional representatives:

Any legislation to permanently amend FISA must restore judicial review and protect the privacy rights of innocent Americans, ensure the government only receives information it is authorized to intercept by law, provide for discarding U.S. communications swept into a net of surveillance, and be free of provisions that grant amnesty for past violations of the law.

It's also critical that Congress not grant immunity to telecommunications companies for past violations of the law, or grant government spying operations direct and unfettered access to the internet backbone and telecommunications infrastructure.

Please stop.

Here is the explanation of telecom immunity straight from Feingold's website. In other words, this is the absolute best case for it.

Let me explain it in plain English: The telecom companies are getting immunity NO MATTER WHAT! The second a court rules on it, they win. They have a slam dunk case for immunity. The Senate has seen the documents, and they know it. Feingold knows it and admits as much here. So let me just repeat: THE TELECOMS ARE GETTING IMMUNITY WHETHER THIS BILL PASSES OR NOT!

Unjustified Grant of Retroactive Immunity

Under the new FISA bill, H.R. 6304, the immunity outcome is predetermined. A federal district court could review in secret the letters to companies to determine whether ‘substantial evidence’ indicates that they received written requests stating the activity was authorized by the President and determined to be lawful. But information declassified by the Senate Intelligence Committee already indicates that the companies got such written requests – meaning immunity is virtually guaranteed. The plaintiffs could participate in briefing to the court, but only to the extent it does not necessitate the disclosure of classified information, which will seriously impair their ability to participate in a meaningful way.

"Pretty please, can we have our Bill of Rights back?"

How's that work, Missouri? Sweet enough?

What do you call Guantanamo Bay, Abu Ghraib, and the various secret CIA internment camps throughout East Europe? Those aren't Gulag enough for you?

President Bush has already asserted that it is his right to indefinitely detain and even torture US citizens without judicial review. I don't consider the term 'gulag' to be hyperbole whatsoever.

Right, because "suing telecom companies for civil damages" is exactly what Patrick Henry had in mind.

Have you stopped to consider for three and a half seconds why Bush and Cheney have been pushing so relentlessly for telecom amnesty? Have you stopped to consider why Bush will veto any bill he claims is Vital for National Security if that Vital Bill doesn't contain a telecom amnesty provision?

No, you haven't. And the reason is that amnesty is Bush and Cheney's get-out-of-jail-free card. No lawsuits = no discovery = we never get to find out who Bush and Cheney spied on, or why, or what's happened to that data, or just how many felonies these people committed.

Which, seemingly, is fine with you, as long as it doesn't hurt The One's election chances.

You might want to learn a little history some time. I recommend starting with the Church Committee. You know, the one that actually had the guts to investigate the last rounds of illegal spying. The results of which were the original FISA law, which Bush wiped his ass with, and which Congress is now flushing down the toilet, just to help Bush keep his turds from public scrutiny.

Which, seemingly, is fine with you, as long as it doesn't hurt The One's election chances.

Exactly. Thank you for your well-written comment.

It just stuns me how many people here are willing to sign on to this FISA bill just because Obama supports it, and are therefore so eager to chastise anyone who raises a question about this terrible bill. They claim to not be against dissent, and yet that is exactly what they are against.

They seem so afraid that if Obama were to oppose the bill, the Republicans would gain some huge propaganda advantage, and therefore that is why he must support it.

BULLSHIT! That is exactly the moronic reasoning that got us into this mess in the first place. You've all seen what happens when Obama has shown some spine and stood up to the GOP bullies. Why would it be any different now? What huge constituency is so invested in telecom immunity that they will come out full force against Obama if he opposes it?

Hmmmm?

"Losing one battle"

The vote hasn't OCCURRED yet, and you have already given-up. You admit that we are LOSING something. You are critical of those that wish to effect a change in policy by rallying support through established channels and forums. What form of Democracy do you practice? STFU if you want to put your head in the sand... don't try to shame me because of your shortcomings and fears.

I am an Obama supporter... Obama appreciates my INVOLVEMENT in the process, he doesn't do "cowering", OK??!!