But as it hastens to make that adjustment, Congress should postpone more significant changes in FISA until it has time to scrutinize not only the administration's broader proposals but also those offered by members of Congress with a better reputation for protecting civil liberties.

The Bush approach, reflected in a bill sponsored by Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. Christopher S. Bond (R-Mo.), is clearly objectionable. It would allow the executive branch -- originally the attorney general, now the attorney general and the national intelligence director -- to decide whether a target is "a person reasonably believed to be located outside of the United States." The privacy protections of FISA would come into play only if the surveillance were primarily aimed at gathering information about a U.S. resident.