The first amendment will deal with a new question, and that question is: court review of telecom immunity. Let me explain what that means. First, this amendment is submitted on behalf of Senators Bill Nelson, Cardin, and myself. Senator Nelson is on the Intelligence Committee. Senator Cardin is on the Judiciary Committee. I have also worked with Senator Whitehouse on this, though I believe he is going in a slightly different direction. As Members know, the bill before us provides full retroactive immunity for electronic service providers--that is the legal language-- that are alleged to have provided assistance as part of the Terrorist Surveillance Program. The amendment I am offering creates a judicial review by putting forth the issue of whether immunity should be granted before the FISA Court. There would be no immunity for any individual, private or public official--that is in the underlying bill--or any other company other than electronic service providers.
Editor's note · Context
Discussing amendments related to the FISA bill and telecom immunity during Senate floor debate.
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