Halperin missed another important measure that this legislation includes. It protects the 1st amendment rights of US citizens, they can not be monitored simple because they are members of an organization that may have ties to terrorism (or anti-war).

I've said for days that this legislation, though not perfect, is better than what we have or what we faced. It does not infringe upon US citizens civil rights, it further protects them by repeating throughout the bill that the 4th amendment rights of US citizens cannot be infringed, that probable cause is required.

Relative to review, I would venture to guess that those courts now hearing the FISA litigation will require that "substantial evidence" that the monitoring was legal and will be able to view even the most classified of materials to make a determination that substantial evidence does support the certification. They may even rule the provision unconstitutional if they find it impedes justice and interferes with their duties.