We can assume the NSA's version of TIA will find a new home at the CIA.  For the sake of argument, let's assume everyone involved in this program is committed to the rule of law and seriously interested in protecting America from threats.

Even if that is all true, we still have a problem.  How do you demonstrate the program's value to the people who pay for it without sharing classified information?  It turns out, Ronald Reagan had a solution to that sort of problem; he called it "trust but verify."   We can apply that approach to solve this impasse while meeting the legitimate needs of all the stakeholders.  Here's the proposed test:

Helplmann: David ... in a free society
information is the name of the game.
You can't win the game if you're a man short.

-- From "Brazil"

Newsweek's Michael Hirsh makes this chilling assessment:

The Bush administration calls the war on terror "the long war." But if we are to take the president and his aides at their word, it is more like a permanent war, one that by definition can never end.... And that means the extraordinary powers that George W. Bush has arrogated to himself "during wartime"--including the surveillance of Americans--could become permanent as well. It all sounds frighteningly Orwellian.