Bush allowed NSA to spy within USA without warrants

[Xiahou]

here's the difference:
1. There's not a "oh no we gotta hurry" exception to the LAW. You need a warrant, you call up a judge on his cell and give him the low-down.
2. The NSA is prohibited by law from doing domestic spying no matter WHO the target is.

Actually, there's a pretty big exception that's getting alot of attention in the debate that I've been following.

US Code Title 18 Ch 2511 2(f) 'Interception and disclosure of wire, oral, or electronic communications prohibited':

Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.

It basically says that restrictions don't apply if the wiretaps or whatever are for gathering foreign intelligence. There's also some discussion about the War Powers act, but I havent bothered to delve too deeply into that.

Personally, I'd say if they're monitoring a foreign suspect to gain intelligence and that person calls someone in the US- monitor it. Where it gets mucky is if the calls originate domesticly... if this was the case, I'd be interested in hearing why they couldn't be bothered to get a rubber stamp warrant first.