You can always appeal to the AG if you find out you've been under surveillance. It's out of FISA's hands.
Do not be mistaken: We are not hurtling toward the Gulag or anything that we have seen before. It will be nothing so dramatic as that. Rather, we are slowly inching, through each act of fear mongering and fecklessness, pandering and political compromise, toward a world in which Americans have increasingly little say over how they are actually governed, and increasingly little control over how the government collects information on them to regulate and control them. Slowly, secretly and imperceptibly, the mechanisms of government surveillance are being freed from methods of political control and accountability; and the liberties of ordinary citizens are being surgically removed under a potent anesthesia concocted from propaganda, fear, ignorance and apathy.... Jack Balkin
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The pressure on Congress to pass the new wiretapping authorization bill was the urgent need to legalize earlier illegalities on the part of the administration. However, the telecommunications companies, whose cooperation is needed for this vast wiretapping scheme, were pushing the administration behind the scenes to get this done by Congress. James Risen writes in the New York Times:
In January, the administration placed the N.S.A.’s warrantless wiretapping program under the Foreign Intelligence Surveillance Act, and subjected it for the first time to the scrutiny of the FISA court.
Democratic Congressional aides said Sunday that they believed that pressure from major telecommunications companies on the White House was a major factor in persuading the Bush administration to do that. Those companies were facing major lawsuits for having secretly cooperated with the warrantless wiretapping program, and now wanted greater legal protections before cooperating further.
Of course, if the administration insists on having the ability to effectively tap every line, FISA is bound to be overwhelmed. So the next thing is to place responsibility for okaying the wiretaps in the hands of...? Well, the attorney general and the director of intelligence.
The new law, which is intended as a stopgap and expires in six months, also represents a power shift in terms of the oversight and regulation of government surveillance.
The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The court’s only role will be to review and approve the procedures used by the government in the surveillance after it has been conducted. It will not scrutinize the cases of the individuals being monitored.
Your rights in this matter are now in the hands of...? ....who? All together now: Attorney General Alberto Gonzales.

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