Stage Set for Senate Immunity Showdown As House Passes Spy Bill Without Telecom Amnesty: The House passed a spy bill Thursday evening 227-189 that rolls back some of the powers given to the NSA this summer and excludes amnesty for phone and internet companies being sued for helping the government secretly spy on Americans.

The passage of the so-called Restore Act came just hours after the Senate Judiciary Committee surprised civil liberties groups by not including immunity in the bill it voted out of committee today.

The successful passage of the House bill - which allows the executive branch to unilaterally order domestic communication companies to help it spy on foreigners only when the government knows all parties to the conversation are outside the U.S. - puts the spotlight on the Senate.

Senate Majority Leader Harry Reid (D-Nevada) must decide which version of the bill to send to the Senate floor - the Senate Intelligence committee version that includes immunity and large concessions to the administration - or the narrower, and immunity-free version passed by the Senate Judiciary committee.

While the Senate bill doesn't require that the NSA know that every party is a foreigner, an amendment tacked onto the bill today by Senator Russ Feingold (D-Wisconsin) does require that the government's court-free wiretapping using U.S. facilities be targeted at a known individual.

The Administration wants' to keep the ability to wiretap individuals overseas without restriction and without getting a secret court's approval. That power was handed to it by Congress in rush legislation known as the Protect America Act that passed in August.

Today's legislative flurry was part of Congress's attempt to scale back that law.

If the Senate eventually votes to include immunity in the bill it will likely pass later this year, then the fight over whether to allow the nation's telecoms to escape from the dozens of lawsuits pending against them in federal court will move to a House-Senate committee that will reconcile the bills.

The ACLU opposes both bills, while other groups such as the Center for National Security Studies supports the House's Restore Act. The ACLU argues that both bills allow the government to issue 'basket warrants' that violate the Fourth Amendment's requirement that searches be directed at particular individuals.

See Also:

• In Twist, Senate Judiciary Spying Bill Lacks Immunity for Telecoms
• Senate and House Moving on Spying Bills
• Analysis: Renewed Wiretapping Probe Hints at Backroom Deal on ...
• Senate Panel Approves Immunity for Spying Telcos
• AT&T Whistle-Blower Hits DC To Stop Telecom Spying Immunity
• Senator Dodd Announces He Will Stop Telecom Immunity Bill - Updated
• Ashcroft Argues to Absolve Telcos, THREAT LEVEL Calls for ...
• White House Spy Docs Show Surveillance Was Illegal, Senator ...
• Analysis: New Law Gives Government Six Months to Turn Internet and Phone Systems into Permanent Spying Architecture
• Before 9/11, NSA Asked Qwest for Network Access, Not Phone Records ...

(Read Original Article - Via Threat Level.)