Aside from the hot button immunity issue; the key issue in this FISA bill was over no court approval needed to wiretap when 1 end of the communication is overseas. The following outlines the objection:
http://arstechnica.com/articles/culture/fisa-compromise.ars
Specifically, the new legislation dramatically expands the government's ability to wiretap without meaningful judicial oversight, by redefining "oversight" so that the feds can drag their feet on getting authorization almost indefinitely.
When it comes to judicial oversight of domestic-to-foreign calls, the legislation the House passed last month is an unambiguous victory for the White House and a defeat for civil libertarians. The legislation establishes a new procedure whereby the Attorney General and the Director of National Intelligence can sign off on "authorizations" of surveillance programs "targeting people reasonably believed to be located outside the United States." The government is required to submit a "certification" to the FISA court describing the surveillance plan and the "minimization" procedures that will be used to avoid intercepting too many communications of American citizens. However, the government is not required to "identify the specific facilities, places, premises, or property" at which the eavesdropping will occur. The specific eavesdropping targets will be at the NSA's discretion and unreviewed by a judge.
Many argue that since under the old law a warrant can be obtained later that no change was needed in the law when eavesdropping on communications between foreigners and US residents. But this overlooks why the new FISA bill will get passed and why warrantless eavesdropping on foreigners is a good idea even when they communicate with US residents.
And that is because getting a warrant for every instance of communication interception is TOTALLY, COMPLETELY impossible when the tools used to listen in to foreigners communications captures MILLIONS of calls and emails daily, etc. And then the information is flagged based on computer algorithms for human evaluation. That is how the NSA computers work. They listen in on EVERYTHING. You can't get a judge to issue millions of warrants after the fact on a daily basis.
The new law WILL demand a warrant be issued before any captured data is used against an American resident IN COURT. But it won't be needed just to listen in to foreigners no matter who they talk to.
Anyone who doesn't understand the above knows nothing about how intelligence agencies operate all over the globe. And that is why the bill will pass. Because all the Senators understand this. And the Senators voting against it are purely playing politics while wooing the ignorant voters who don't understand it .
Who voted for and against passage:
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00168
Those disreputable Senators who voted to hamstring the US intelligence apparatus:
Akaka (D-HI)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Clinton (D-NY)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Kerry (D-MA)
Klobuchar (D-MN)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Menendez (D-NJ)
Murray (D-WA)
Reed (D-RI)
Reid (D-NV)
Sanders (I-VT)
Schumer (D-NY)
Stabenow (D-MI)
Tester (D-MT)
Wyden (D-OR)
But 21 Democratic Senators DID support this bill. Just goes to show that all Dems are not pandering fools.
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