but as someone who works in intelligence and national defense, and knows this issue at its core level because I've reviewed many of the references and reports, both classified and unclassified, I think I understand the issue better. I believe Senator Obama has probably been briefed more thoroughly at the classified level now and may have a better sense of the issue than the rank and file of his party.
After 9/11, a significant seam was discovered between the intelligence held by CIA, and the evidence held by FBI. The two were not allowed to communicate, because the CIA couldn't spy (receive evidence) on U.S. citizens, and the FBI never had enough resources to pursue international criminals, and the CIA never like to share secrets anyway. In general, the CIA wasn't collaborating, and FBI was effectively kept in the dark because of the seam or gap between information regarding international activities and domestice activities surrounding suspicious groups under investigation or the targets of intelligence collection plans. This gap was tremendously compounded by an arrogant administration that dismissed experts like Dick Clark who were privy to both sides of the gap.
That said, the key reason the issue isn't more understood is because the general public, who does not get to see the classified references and reports, cannot trust the current administration, for some very good reasons. I have consistently disagreed with the way Bush has violated the FISA act, but he did, and he entangled the Telecoms along the way. I don't think giving them immunity lets the government officials who did violate the law off the hook.
All that said, I don't think all the government officials acted with malice. I think they genuinely thought they were aggressively persuing threats to the public, but I think that time of urgency that might allow for some clumsy incompetence has passed. Actually I think it passed around 2003. I think it's time for some constructive accountability, but I don't think prosecuting the Telecoms is constructive. I think the government officials are the ones who owe the public for their incompetence. Then the government may regain the trust of the American people that it needs to more effectively pursue threats without violating their privacy.
Immediately after 9/11, the administration stumbled around and haphazardly tried to fix the problems, but rather than read and learn and understand how the system should've and would've worked if they were doing their jobs, they took short cuts and broke laws. Rather than updating FISA with reasonable adjustments and accomodations that preserved oversite while expanding its effectiveness, they just ignored it so they could blame it for their incompetence.
The Telecoms aren't the villians here. The members of the Bush Administration are.