I heard a lot of talk about how the FISA bill would not absolutely block court cases for unconstitutional wiretaps. That of course was largely untrue and most of the pending cases will be dismissed because of the retroactive immunity granted by Congress. The Electronic Frontier Foundation intends to expand its lawsuit instead of dismissing it. It will now include the government as a defendant, a risky tactic, as sovereign immunity defenses have served in previous cases for the government to avoid responsibility. Wired reports that the EFF may have documentation sufficient to get around the tactics the government has used to avoid disclosing what it did. Once again our ability to find out what our government has been doing will depend on the integrity of the people involved in the clandestine activity. If enough information is brought forward we yet be able learn through the courts what has been done to us.
FISA: After Retroactive Immunity