Here's a question: if the problem is that FISA is simply a 1978 law incapable of adapting to 21st century technology, why not say so? The blogosphere, myself included, is suddenly infatuated with the prospect of a massive data mining expedition, but the sort of arguments Bush has been making about FISA's inadequacy don't center on its age and specificity, but on its bureaucratic constraints and the need for speed. And what's with the detect/monitor distinction?
It could be that the White House is simply arguing through misdirection and concluded that a juxtaposition of terrorists and government red tape would be the most effective approach, but we should all be very careful here. Whatever "the President's Program" is, there are likely multiple, concurrent intelligence operations running within it, and we don't yet know what they are. So let's not get to ahead of ourselves with clever conclusions about what's occurring. There's a lot of reporting left to be done, and no answer yet ventured perfectly matches the paltry facts at our disposal.
