The House has passed the FISA bill without the retroactive immunity for the telecom companies. You know, the “Protect AT&T Act” that George W. Bush wanted so his lawbreaking by spying on you without warrants couldn’t be investigated. The immunity that the Senate caved on.

The House has just passed the House amendment to the Senate amendment to H.R. 3773, to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes, by a vote of 213-197-1. The revised House legislation to amend FISA grants new authorities for conducting electronic surveillance against foreign targets while preserving the requirement that the government obtain an individualized FISA court order, based on probable cause, when targeting Americans at home or abroad. The House bill also strongly enhances oversight of the Administration’s surveillance activities. Finally, the House bill does not provide retroactive immunity for telecom companies but allows the courts to determine whether lawsuits should proceed.

Now the ball’s in Shrub’s court. Pelosi’s daring him to veto this thing and have to explain why it’s so necessary for the telephone company to spy on everything everyone does, says, or reads, but not so necessary that he’d sign a bill that doesn’t protect them from lawsuits.