House to consider FISA update without telecom immunity 
CORRECTION: An earlier version of this story incorrectly reported that the House had passed a FISA update. Procedural votes to bring the RESTORE Act to a floor vote passed, and a vote on the bill is expected later Thursday
House Democrats plan Thursday to consider a foreign surveillance law update that would restore judicial oversight to foreign intelligence gathering efforts aimed at Americans and would not grant legal immunity to telecommunications companies that facilitated the warrantless surveillance of Americans.
On a 224-192 vote, largely along party lines, the House decided to move forward with a vote that would update the Foreign Intelligence Surveillance Act. The measure to be considered, known as the RESTORE Act, would replace a temporary FISA update approved in August.
The bill, which will be voted on later Thursday, does not include a provision to grant legal immunity to telecommunications companies that the Bush administration has demanded and it restores the role of the FISA court in approving surveillance methods used by the National Security Agency that could ensnare Americans.
The Senate is considering it's own FISA update with the Judiciary Committee in that chamber marking up legislation Thursday. As of now, the Senate's FISA update, previously approved by the Intelligence Committee, does include a measure that would immunize telecom companies from about 40 lawsuits that have been filed alleging they mishandled private customer data and violated the law in allowing the government access to untold amounts of communication from Americans without first providing a warrant.
Sen. Russ Feingold (D-WI) plans to introduce an amendment to strip the immunity provision during the Judiciary markup session. A committee spokeswoman told RAW STORY around midday Thursday that the committee had yet to weigh in on immunity.
Update: Committee keeps immunity
Feingold's amendment failed on an 12-7 vote, leaving the immunity provision in the Senate bill that is headed to the floor, a committee spokeswoman told RAW STORY. Glenn Greenwald reports at Salon that Democratic Sens. Dianne Feinstein (D-CA), Sheldon Whitehouse (D-RI) and Herb Kohl (D-WI) voted against the bill. Sen. Chris Dodd (D-CT), a dark horse presidential candidate, has said he would filibuster any bill that includes immunity.
Update: Bill leaves committee without telecom immunity
Reports Talking Points Memo:
Here's a bit more detail on what happened on the Judiciary Committee today. Sources say Senator Russ Feingold offered an amendment that would have stripped telecom immunity from the bill, but it was defeated. Then Senator Arlen Specter, the ranking GOPer on the committee, offered a "compromise" amendment saying that in these lawsuits the Federal government, and not the telecoms, would be the defendants.
But because of a procedural difficulty Specter's amendment wasn't voted on -- and Senator Patrick Leahy, the chair of the committee, essentially went around Specter's amendment and moved to have a vote to report the bill out of committee without any telecom immunity in it. That passed along strictly party lines. And that's where we are.
DEVELOPING....
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