The U.S. Senate failed to reauthorize key provisions of the PATRIOT Act Sunday night, allowing them to expire at midnight. Here’s what you need to know:
What led up to the Senate’s debate on Sunday?
On Saturday the 23rd, following a 10.5 hour filibuster by Kentucky Senator Rand Paul, the Senate failed to pass a bill known as the USA FREEDOM Act, which was passed by the House with bipartisan support. Majority Leader Mitch McConnell (R-KY) attempted multiple times to reauthorize the PATRIOT Act provisions and was blocked by Paul. McConnell then ordered members to recess for Memorial Day Weekend, calling them back for a Sunday showdown, giving the legislative body just 12 hours to pass either a bill to reauthorize the provisions, pass USA FREEDOM, or simply let the provisions “sunset”.
Just what provisions are we talking about?
Section 215 of the PATRIOT Act has been used by the NSA to collect metadata on American citizens in bulk. The metadata program stood out among the Edward Snowden revelations, as it indiscriminately collects information – including phone records, emails, chats, logins, and other user internet data – on all Americans in hopes of finding “relevant” information that can be used to thwart terrorist attacks. When the government wants in investigate a suspect, they apply to the FISA court, set up by the 1978 Foreign Intelligence Surveillance Act, a court whose opinions are all secret, and requires not probable cause but relies on the needs of the government. Since the PATRIOT Act was passed in 2001, the FISA court has received over 34,000 applications for electronic surveillance; 12 have been denied.
On May 7, the 2nd U.S. Circuit Court of Appeals ruled that section 215 does not in fact authorize the bulk collection of metadata on Americans, declaring the program illegal.
The other two provisions are the “lone wolf” provision, which broadened the FISA authorities to include individuals ‘loosely affiliated’ with foreign entities, and the “roving wiretap” provision, which allows the government to wiretap every single line of communication that could be used by a suspect without having to identify the suspect by name.
What happened in the Senate on Sunday?
The Senate convened at 4pm on Sunday for debate on the provisions and USA FREEDOM. Impassioned rhetoric from both sides of the debate filled the Senate floor, with proponents blasting opposition for putting these provisions – labeled so necessary to national security by intelligence officials and the Obama administration – in jeopardy. Senator Rand Paul continued his crusade against government surveillance, using procedural tactics to block reauthorization votes. In a cloture motion, the body voted 77-17 to continue debate on USA FREEDOM, but failed to reauthorize the provisions. Government sources told CNN that the NSA shut down the metadata program at 7:44pm.
So section 215 is dead?
For the time being. The Senate is expected to return Tuesday to pass the USA FREEDOM Act, which seeks to limit bulk collection of records by requiring a “specific selection term” to collect records (ya know, like a warrant). The bill also adds transparency to the FISA court, requiring the appointment of five special advocates to answer the court’s questions and presumably protect citizens’ privacy rights, in addition to declassifying “significant” FISA court opinions. Senator Rand Paul has argued that USA FREEDOM doesn’t go far enough, as it does nothing to address section 702 – used to authorize the PRISM program – as well as leaving Executive Order 12033 alone – the primary legal authority used by the NSA to spy on non-Americans.
If only temporarily, the vindication of Edward Snowden has begun.
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