I read a recommended diary on DailyKos today from a former defense attorney that gives an interesting view on FISA that places the emphasis on the USA Patriot Act.

Here is an excerpt:

I'm sure [Barack Obama] recognizes that this bill is a classic political bait-and-switch, wrapping telecom immunity in the mantle of "safeguarding our constitutional rights," when in fact those rights are already voided by use of secret, non-reviewable FISA warrants to gather information for criminal cases.  I'm sure Barack Obama realizes that this petty knoll is not "the hill to die on."

"The hill to die on" is the [Patriot Act's] breaking down the wall of separation between intelligence-gathering and criminal investigation.  And that is not even at issue yet.  We'll need a Democratic president, and at least 60 Democratic senators, to fight that battle. 

Link to "A Pragmatist's View on FISA"