Leahy: FISA supposed to protect national security and privacy. FISA should not be changed because of fear. Changes must be considered closely. “Protect America Act” was one of the worst ways to update FISA. PAA will expire next year. Need to accommodate legitimate nat security concerns, but we need to do so in a way that protects Americans. S228 grants immunity, or amnesty, this seems to be contrary to FISA and violative of privacy rights of Americans. Specter and I have always been clear that we need legal justification. Since President’s wiretapping program became public. After our repeated requests did not yield the information requested, we issued subpoenas. Finally, this week, the Administration responded. Senators have begun to receive access to legal opinions. I insisted all members have access and that was agreed to in a meeting yesterday. Congress would be careful NOT to give corporations immunity from violating the law. A retroactive grant of immunity does more than let the carriers off the hook. Immunity is designed to shield this Administration from breaking the law. It would make it impossible for people to obtain redress. My chief inquiry before I support any legislation on this subject is whether it’s going to result in government accountability. Anyone proposing immunity has the responsibility to test the legality of the program to decide whether American privacy has been violated. We in the Senate have a solemn responsibility to 300 million of our fellow citizens. American rights can be easily lost, once lost it can be very difficult to win back.
http://www.firedoglake.com/2007/10/31/sjc-fisa-protect-america-and-the-rule-of-law-part-i/