I think it's pretty clear that we need both technical and legislative fixes to NSA surveillance. Just one of the two isn't enough: to get be even vaguely confident that surveillance ends, we need both. The technical fixes I can't speak to, but the legislative ones I've been thinking about for a while. In the last week, there have been two prominent bills announced to deal with surveillance: - Bill 1: The FISA Improve…
Leahy has sat on modest surveillance reform (requiring search warrants for email, cell phone location) for over three and a half years without advancing it to the Senate floor. One proposal he circulated a year ago included an exception allowing dozens of federal agencies to access email without a warrant (http://news.cnet.com/8301-13578_3-57552687-38/). Then, after Snowden's revelations, when the political tide was moving toward significant reform, Leahy's first instinct was to handcuff companies from challenging NSLs (http://news.cnet.com/8301-13578_3-57592778-38/).
I suspect that, after all the likely political compromises and conference committees and markups, any bill principally authored by Leahy will follow the same pattern as CALEA and the Patriot Act. One obvious solution, of course, is to avoid limiting yourself to looking at a pair of existing flawed bills and find a politician willing to back real reform.
Another solution, better for HN, is to work toward technical solutions that will work in the likely event that our esteemed leaders in Washington, D.C. get it wrong once again. Trust math, not laws.