S. 1927, better known as the Protect America Act of 2007, sailed through congress in just four days since its introduction. Among other things, the bill permits the Attorney General and Director of National Intelligence to authorize spying on foreign intelligence targets for up to one year in foreign countries without requiring a court ordered warrant.

Under normal circumstances, the authorization requires certification that “there are reasonable procedures in place” for determining that the target is indeed on foreign soil. There is an exception allowing surveillance to take place immediately if “time does not permit.” However, certification is obtainable within 72 hours after-the-fact.

The bill also permits the FISA court to direct domestic third parties, like internet and telephone providers, to assist intelligence-gathering efforts. Anyone so directed would be required to comply by providing the government with “all information, facilities, and assistance necessary” to the court’s intelligence interests. In return for their assistance, they receive reasonable compensation “at the prevailing rate” and immunity from lawsuits arising from their assistance.

Telecom executives are most likely to receive requests as the run the infrastructure that targeted communications may pass through, Ars Technica said. The bill effectively grants limitless wiretaps on foreign targets as long as the government has reasonable belief they[foreign targets] are on foreign soil.

The bill is thought to be crafted hastily in response to a recent secret court ruling and directed in such a way as to pass through Congress before its summer recess. In speaking with Fox News, House Minority Leader John Boehner (R-OH) said, “there's been a ruling, over the last four or five months, that prohibits the ability of our intelligence services … from listening in to two terrorists in other parts of the world where the communication could come through the United States.”

An article in the LA times, citing an anonymous official, gave more specifics. The ruling came from the Foreign Intelligence Surveillance (FISA) Court, which had recently ruled to block a “basket warrant” that covered multiple targets in one heap as opposed to targets selected on an individual basis. “One FISA judge approved this, and then a second FISA judge didn’t,” the anonymous official said.

A sunset provision limits the bill’s effective duration to 180 days after it takes effect, and added as a last minute negotiation as both parties cannot agree on the language for final legislation. As such, the bill gives the Bush administration almost free reign to spy on foreign nationals and their communications for up to 18 months from the date of S. 1927’s enactment, counting the six month sunset and the one-year maximum surveillance time.