My understanding of FISA bill... tell me where I'm wrong

[scheming daemons]

For the past year, the Bush administration has been acting illegally by wiretapping without FISA oversight (i.e, without a "warrant"). This is anti-constitutional.

The bill today RESTORES that oversight.... in other words.... Bush must get FISA court approval.


That's a good thing. The President can no longer violate the 4th amendment. He needs a "warrant"..... and the FISA court oversight acts as that "warrant".


that's a good thing.



The bill ALSO grants immunity to telecom companies for their complicity in violating the 4th amendment during the past year from CIVIL suits..... but not from criminal proceedings against them. Bottom line, they can still be charged as criminals... but they can't be sued and forced to pay financially.

The first part is a good thing. The second part is a bad thing.




So...... from my understanding the bill did the following.... tell me where I'm wrong:


1. Restored the FISA court oversight so that the administration can no longer snoop on citizens without a "warrant" (i.e. court approval). Good thing.

2. Granted CIVIL CASE immunity to telecom companies for violations of the 4th amendment during the past year when the administration was operating without FISA court oversight. bad thing

3. Did NOT grant CRIMINAL CASE immunity to telecom companies for violations of the 4th amendment during the past year when the administration was operating without FISA court oversight. good thing.



From my perspective.... the 4th amendment protections of "no search without warrant" have been restored, after being absent for the past year, because the administration MUST get FISA court approval before snooping. In exchange for his signature on the bill, Bush got protection for the telecoms from losing millions in civil suits.

That's called a compromise. Administration can no longer violate the 4th amendment, and telecoms can avoid being put out of business by paying millions through civil lawsuits..... thus probably protecting hundreds of thousands of American jobs.



Somehow.... this failure to grant retroactive immunity has been twisted into meaning that we're "gutting the 4th amendment" by the shrieking hoards on DU and other Democratic blogs.

When, in fact, the protections of the 4th amendment were largely RESTORED today.... albeit with a distasteful amnesty for telecoms for past behavior.



And this means we're just like the USSR now (according to one OP) or that "Democracy is Dead" (according to another)?????


I don't get it.