Both Clinton and Obama decided not to vote on this issue.
The Senate passed this intelligence bill that would revise U.S. surveillance laws and grant retroactive immunity to telecommunications companies that helped the government conduct warrantless wiretapping of U.S. citizens
http://www.congress.org/congressorg/issues/votes/?votenum=20&chamber=S&c...
http://www.congress.org/congressorg/issues/votes/?votenum=20&chamber=S&c...