Key Info About FISA and Domestic Wiretapping

This story sums up the key, critical points in the debate about if, and how, to change the FISA law, as the Bush administration wants:

Lawmakers also raised questions about a provision that would allow the government to retain "significant intelligence information" taken in the search of a U.S. citizen's home if a FISA warrant permitting the search is later denied. FISA allows FBI agents to surveil a subject for a short period on an emergency basis before seeking a warrant, but if the warrant is denied, current law allows the retention only of information involving imminent death or harm.

The FISA court almost never turns down a warrant request. Data for 2006 show that it signed off on 2,176 warrants, the Associated Press reported yesterday. One application for a warrant was denied in part, and 73 required changes before being approved.

That's a pretty remarkable request: Use the flexibility under FISA that lets the government surveil and search the homes of U.S. citizens on an emergency basis while waiting for FISA's stamp of approval -- which it pretty much always grants -- but then, should the FISA court deny the request, the government gets to keep all of the information anyway.

Um, under that kind of law, what would, um, be the point of having the FISA law at all? What? Why are you looking at me that way?