Reportedly, an effort to find a compromise on legislation that revises the Foreign Intelligence Surveillance Act (FISA) is somewhat moving forward. According to CQ ($$), "Lawmakers and aides doubt that Congress can complete any overhaul of the foreign intelligence surveillance law before the Memorial Day break, yet many say increasingly 'productive' and 'serious' negotiations are under way." Apparently a compromise is being considered in which a secret court would have the authority to decide whether to grant immunity in cases involving telecommunications companies. The companies would have to go before the secret FISA court in order to be eligible for retroactive immunity. This is similar to an amendment Senator Dianne Feinstein (D-CA) offered during the Senate debate, but it was defeated.

This proposal is not without objections. The FISA court could be limited in what kind of review it conducts, and possibly far too limited. If the courts can only review orders from the Bush administration, plaintiffs could be denied a fair hearing. Caroline Fredrickson, the director of the American Civil Liberties Union's Washington legislative office was quoted in the CQ article; "We're really very concerned, because putting something that should be handled in the federal court system into a secret court where only one side really has a chance to make its arguments and the general public gets shut out is not really going to advance accountability for the illegal spying this administration has engaged in."

CongressDaily ($$) reports; "Librarians are not thought of as lobbying heavyweights, but when it comes to protecting patron privacy, lawmakers could get an earful today. Hundreds of literature lovers plan to canvass Capitol Hill armed with talking points about revisions to the Foreign Intelligence Surveillance Act, national security letters and a host of other topics important to the 110th Congress."

The American Library Association (ALA) is holding their National Library Legislative Day. In regards to reforming the Foreign Intelligence Surveillance Act (FISA), the ALA will be lobbying in support of HR 3773, introduced by House Judiciary Committee Chairman John Conyers (D-MI). "They believe it contains needed reporting requirements for congressional oversight; protections against unconstitutional surveillance. It also has a 2009 sunset provision; stronger judicial oversight, and a 'probable cause' requirement for spying on Americans overseas."

Leaders of the Senate Homeland Security and Government Affairs Committee, Senators Joseph Lieberman (I-CT) and Susan Collins (R-ME), have introduced a report titled "Violent Islamist Extremism, the Internet, and the Homegrown Terrorism Threat," based on hearings held by the Committee that looked into violent homegrown terrorism. They warn, "that the threat of homegrown terrorism is on the rise, aided by the Internet's capacity to spread the core recruitment and training message of violent Islamist terrorist groups."

Prior to the release of the report, OMB Watch along with many other groups sent a memorandum urging the committee to "tread lightly and carefully in this area, and to make every effort to preserve free speech and association rights." Legislation to address the problem, the Violent Radicalization and Homegrown Terrorism Prevention Act (S. 1959) is stalled in the Senate. The memo describes numerous concerns including the free speech implications and the unease of singling out of one religious group.

Our memo states; "If the Internet is a focus of efforts to stop 'homegrown terrorism' it should be because it can be a tremendous tool for dissemination of vast amounts of material that could counter the messages of the terrorists. The Internet, and the free speech it facilitates, can be an antidote to terrorism."

The American Civil Liberties Union issued a press release, which quoted Caroline Fredrickson, director of the ACLU Washington Legislative Office; "Though the need to prevent criminal acts of violence is unquestionable, targeting communities based on religious beliefs is unacceptable and unproductive. We will only end up stigmatizing the Islamic community and creating a nation of Islamophobes. We should not be legislating against thought and we should certainly not be regulating religious or unpopular thought. "

To read our coalition letter click here. In addition, a coalition of national American Muslim and Arab organizations submitted a letter to the committee responding to the report. And see this related article "Study Commission or Thought Police?"

According to BNA Money and Politics ($$), "Senator John D. Rockefeller (D-WV) is distributing draft legislation meant to advance efforts to reform the Foreign Intelligence Surveillance Act (FISA).

Rockefeller is the author of the Senate-approved version (S. 2248) which includes retroactive immunity provisions.

In response to news that such a "deal" has been taking place, the American Civil Liberties Union (ACLU) has sent out an action alert asking that you write to the U.S. House of Representatives opposing any efforts to grant retroactive telecom immunity in any upcoming FISA legislation.

Meanwhile, as the FISA stalemate continues, Representative Heather Wilson (R-NM) tried to attach the Senate-passed bill with retroactive legal immunity for telecommunications companies. Her amendment narrowly failed, 11-10.

Click here and write to your representative opposing telecom immunity!