In a fit of good sense, the Democratic lead senate passed (in a 68 to 29 vote) a bill to grant amnesty to companies, like AT&T, who provided wiretapping and other services to the US Government without a warrant. In effect the bill legalizes the wiretapping programs which President Bush has been pushing all along, the same programs that the ACLU has been having a fit over.

From Wired:

The 68 to 29 vote is a major step in radically re-configuring 30 year-old limits on how the nation’s spying services operate inside America’s borders. The vote also deals a severe blow to civil liberties groups that are suing companies such as AT&T and Verizon for turning over millions of American’s phone records to the government, and for helping the government wiretap American’s phone and internet communications without a court order.

The bill, which expires in six years, allows the government to install permanent wiretapping outposts in telephone and internet facilities inside the United States without a warrant. However, if those wiretaps are used to target Americans inside or outside of the country, the government would have to get a court order. However, if the target is a foreigner or a foreign corporation, and they call an American or an American calls them, no warrant is required.

The next step is to reconcile the Senate and House bill - given the differences, that may not be a quick process.

Naturally the ACLU has already posted is condemnation:

The American Civil Liberties Union today slammed the U.S. Senate for not only authorizing the president’s warrantless wiretapping program but for granting immunity to his accomplices, the telecommunications companies.

[…]

“The Senate had multiple opportunities to improve this atrocious bill and failed at every turn,” said Caroline Fredrickson, director of the ACLU Washington Legislative Office. “Several amendments were offered to increase privacy protections, with many of them allowing for warrantless surveillance during emergency situations. It’s stunning that senators wouldn’t put their support behind amendments so fundamentally balanced. Protecting Americans’ communications from pervasive and ill-defined surveillance goes to the very heart of the Fourth Amendment. Unfortunately, the Senate seemed determined to pass the least constitutional FISA bill possible.”

It must be frustrating when the bought politicians don’t stay bought. By my quick math, at least 19 democrats must have voted for this bill. That is even if Lieberman and Sanders (Independents) voted against it.

While domestic spying is something we need to keep a very tight leash on, this bill is good. It requires that the parties being spyed upon, without a warrant, are not US citizens. The ACLU’s belief that American rights extend to non-Americans is ludicrous.

The House version of the bill is much more restrictive, so it remains to see how the two will be reconciled.

Also Reporting:
Stop The ACLU