FISA negotiators near deal

Apparently House and Senate negotiators are on the verge of striking an accord on a contentious overhaul of the 1978 Foreign Intelligence Surveillance Act (FISA). The proposed agreement would give federal district courts the authority to review whether civil liability protections should be afforded to those companies that received orders from the administration to wiretap phones after Sept. 11, 2001. That plan differs from the approach Republicans offered before Memorial Day to give that authority to the secret court that operates under the FISA. But the deal allows a court to look at a lower standard of evidence to determine if companies received such orders -- a provision sought by the GOP. The language will likely anger people on both sides of the debate. Initially, Republicans insisted on full retroactive immunity for the telephone firms, saying companies would be less likely to participate if they had to face lawsuits for cooperating, and that would undermine national security. But Democrats contend that blanket immunity is not needed if the Bush administration and the phone companies did not break the law when eavesdropping on American citizens. About 40 lawsuits are pending nationwide against the companies, which they say could cost them billions of dollars. Civil libertarians are certain to object to the deal over concerns that courts may simply rubberstamp immunity orders without looking at the possibility that companies broke the law. Caroline Fredrickson, director of the Washington legislative office of the American Civil Liberties Union, said the deal appears unconstitutional.
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