I don’t think I’ve seen a better explanation of the telecomm immunity issue than this from Brad Templeton (Chairman of the EFF): Whose call is it to say what’s legal?. Thanks, Brad.

It’s been difficult at times to watch the rhetoric here. When people say that you want the terrorists to win, or you’ll make this country less safe in the context of this issue, it’s (IMO) dangerous and unfair. As Brad makes so clear, we’re not even talking (at this point) about terrorism, or surveillance…we’re talking about the rule of law, and how we ensure that the checks and balances in our system of government endure. Legislating retroactive immunity for decisions like these is a really, REALLY bad idea.