Congressional Democrats have decided to show some backbone on wireless wiretapping and the telecommunications companies that participated in the National Security Agency's domestic surveillance programs.

Instead of caving to President Bush's demands to give the telcoms blanket immunity, the House has come up with a reasoned counterproposal that deserves to pass this week.

There are multiple layers in the legislation, including the welcome formation of a bipartisan congressional panel with subpoena power to issue a report on the surveillance.

But the key element is the telcom provision, which would get around the companies' concern that the classified nature of some essential documents would keep them from defending their decision.

Bush has insisted that the companies cooperated as a patriotic act, believing the presidential order to be lawful. Now they will be able to demonstrate that in federal courts, which under the House proposal would have special authorization to hear classified evidence and the discretion to decide whether or not the companies should he held liable now.

The president will probably refuse to consider any middle ground, and it's uncertain at best whether the House has the two-thirds majority to override a presidential veto.

But it's still important for the House to stand its ground in defense of individual privacy rights. The House version would require advance court approval of wiretapping, except in national emergency cases, a standard adhered to for decades.

At least the leadership has clarified the issues that are really on the table, both for the president and for the general public. It may enable the voter to see the president's protest for what it is: rhetoric intended to inflame fears rather than come clean on the facts.