First, the compromise bill reasserts that FISA is the “exclusive means” for conducting electronic surveillance, which would require the president to ignore such language twice in order to launch an extralegal surveillance program, rather than only once, as under traditional FISA rules.
Second, it preserves prior judicial review of surveillance authorizations, except in “very, very rare” circumstances, such as when the attorney general asserts that waiting for a judge would entail delay.
Third, it contains specific provisions barring the use of authorizations targeting parties abroad as a pretext for targeting U.S. persons, presumably to be enforced by a board of psychics.
Even Obama elected to take the spineless route:
I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives – and the liberty – of the American people.
This should not be an issue, there should be no debate. The companies that elected to circumvent the original FISA laws should be prosecuted, lose and subject to huge penalties.
