As I report in today's Daily Journal (subscribers only), lawyers for the plaintiffs who sued the telcos for their role in allegedly spying on Americans are considering what to do if, as expected, Congress authorizes retroactive immunity for the defendants this week.
The Senate is due to take up the bill again today.
Clearly, it's an uphill battle, but the San Francisco-based Electronic Frontier Foundation is vowing to fight on.
They will challenge the constitutionality and application of the law and could also file a new suit against the government.
Legal experts think that EFF's evidence from an AT&T whistleblower could come in handy in such a case because it could show that the plaintiffs have standing under the Foreign Intelligence Surveillance Act.