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Government Surveillance

Senate Inaction Pushes Patriot Act Towards Sunset

Today the Senate rejected by narrow margins both the USA FREEDOM Act and a temporary extension of expiring PATRIOT Act authorities. The USA FREEDOM Act, which the House passed 338-88, garnered 57 of the 60 votes required to proceed.  The Senate will meet again on Sunday, May 31st to vote again prior to the Section 215 sunset deadline.

“The Senate should reject any extension of PATRIOT Act authorities that do not include reforms at least as strong as those in the USA FREEDOM Act. When the Senate returns, we urge a vote to finally pass the USA FREEDOM Act to end bulk collection,” said CDT President and CEO Nuala O’Connor. “The Senate’s inaction on surveillance reform is inexcusable after two years of debate and bipartisan compromise.”

The government claims Section 215 of the PATRIOT Act authorizes the bulk collection of records of communications to, from and within the United States. [Issue brief on bulk collection here.] Section 215 expires on June 1st, before the House of Representatives votes next. The USA FREEDOM Act, which CDT supports, would end domestic bulk collection under the PATRIOT Act and strengthen surveillance transparency. Even if the Senate pursues further action, the House is not set to return from recess until after the expiration of Section 215, meaning the only way to avoid a sunset is passage of the USA FREEDOM Act.

“A sunset of PATRIOT Act authorities would be a victory for Americans’ privacy – the most significant narrowing of surveillance authority in decades,” said CDT Advocacy Director and Senior Counsel Harley Geiger. “We strongly oppose attempts to reauthorize PATRIOT Act authorities without major reform. A short-term extension of the PATRIOT Act authorities is a bid for a weaker bill. When it comes to ending the bulk collection of innocent Americans’ communications data, there is no room to compromise.”

“Senate Republican Leadership and a minority of Senators are holding up a reasonable solution to enhance both privacy and security that enjoys broad support among privacy groups, tech companies, intelligence agencies, and a majority of both the House and Senate,” added Geiger.