I would prefer not to see warrantless searches without judicial oversight be legal under any circumstances, so I am happy there are roadblocks in the FISA extension. What I am unclear about, though, are the exact issues surrounding telecom immunity from lawsuits which is apparently what has the thing held up. By no means do I wish to give telecoms some blanket immunity from the consequences of their handling of private data. However, it seems odd to want to hold them liable for complying with what would be, under the new law, a legal government order. Or, is the immunity issue all retroactive to past compliance with government orders when it wasn't so clear if the government orders were legal?
I must say I have some sympathy for businesses, particularly those that are highly regulated as telecom, who bow under government pressure and then get sued for doing so. For example, as I wrote before, I am required by Arizona law to take actions that the Feds consider illegal. Its a frustrating place to be.
Anyone who can provide clarity on the issues here (not the FISA issues or wiretapping issues but narrowly on the immunity issue) is encouraged to do so.