.
Two years ago, Americans learned that, despite assurance of the contrary, their government collected domestic phone records and effectively monitored private, individual activity within the United States. Flash forward to June 1, 2015 when the Patriot Act, which includes broad definitions that enabled this behavior, expired. Following fierce Senate debate, the USA Freedom Act replaced the Patriot Act in a 67 to 32 vote on June 2. This bill allows resumption, with heightened restrictions, of surveillance operations that ceased at 12:01 on Monday morning.
In contrast to the recently replaced Patriot Act, which allows the intelligence community to collect any and all “relevant” business records—ranging from phone lists to flight manifests and more—, the USA Freedom Act limits data collection to highly specific requests. A federal appeals court ruled the National Security Agency’s bulk data collection unconstitutional less than a month before the passage of the USA Freedom Act. Although mass amounts of information remain available, the bill limits government agency data requests to a specific entity, such as device, person, or account, proven connected to a terrorist group or foreign power. Furthermore, unlike under the Patriot Act, the USA Freedom Act allows private companies to disclose how much data the federal government is requesting and forces the federal government to disclose how much data it is collecting.
Ensuring adequate levels of surveillance, the newly passed bill legalizes monitoring terrorists after they enter the United States. Additionally, the “lone wolf” and “roving wiretap” provisions of the Patriot Act extend into the USA Freedom Act. These provisions target independent terrorists and track suspects regardless of whether they frequently change communication devices.
The bill garners significant support, including that of President Barack Obama, Speaker John Boehner, and Minority Leader Senator Harry Reid. The American Civil Liberties Union(an advocate of the bill) investigated the Justice Department’s interpretation of the Patriot Act more than a year before Edward Snowden revealed the NSA’s extensive security tactics. The ACLU views the USA Freedom Act’s passage as monumental and an indicator that Americans oppose intelligence agencies having free reign over surveillance.
Challengers of the bill are smaller in number, but equally vehement in opinion. Opponents, including Senate Majority Leader Mitch McConnell, Senator Rand Paul, and Senator John McCain, insist that limiting the intelligence community’s authority weakens national security. In response to the bill’s passage, McConnell warned that the USA Freedom Act is, “a resounding victory for those who plotted against our homeland.”
Obama signed the USA Freedom Act, the first piece of legislation to reform post 9/11 surveillance measures, just hours after it passed the Senate. The NSA will temporarily restart its collection program and switch to the new system in six months.
Photo credit: Vinoth Chandar
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.
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Two Years Later: The Patriot Act Falls
June 12, 2015
Two years ago, Americans learned that, despite assurance of the contrary, their government collected domestic phone records and effectively monitored private, individual activity within the United States. Flash forward to June 1, 2015 when the Patriot Act, which includes broad definitions that enabled this behavior, expired. Following fierce Senate debate, the USA Freedom Act replaced the Patriot Act in a 67 to 32 vote on June 2. This bill allows resumption, with heightened restrictions, of surveillance operations that ceased at 12:01 on Monday morning.
In contrast to the recently replaced Patriot Act, which allows the intelligence community to collect any and all “relevant” business records—ranging from phone lists to flight manifests and more—, the USA Freedom Act limits data collection to highly specific requests. A federal appeals court ruled the National Security Agency’s bulk data collection unconstitutional less than a month before the passage of the USA Freedom Act. Although mass amounts of information remain available, the bill limits government agency data requests to a specific entity, such as device, person, or account, proven connected to a terrorist group or foreign power. Furthermore, unlike under the Patriot Act, the USA Freedom Act allows private companies to disclose how much data the federal government is requesting and forces the federal government to disclose how much data it is collecting.
Ensuring adequate levels of surveillance, the newly passed bill legalizes monitoring terrorists after they enter the United States. Additionally, the “lone wolf” and “roving wiretap” provisions of the Patriot Act extend into the USA Freedom Act. These provisions target independent terrorists and track suspects regardless of whether they frequently change communication devices.
The bill garners significant support, including that of President Barack Obama, Speaker John Boehner, and Minority Leader Senator Harry Reid. The American Civil Liberties Union(an advocate of the bill) investigated the Justice Department’s interpretation of the Patriot Act more than a year before Edward Snowden revealed the NSA’s extensive security tactics. The ACLU views the USA Freedom Act’s passage as monumental and an indicator that Americans oppose intelligence agencies having free reign over surveillance.
Challengers of the bill are smaller in number, but equally vehement in opinion. Opponents, including Senate Majority Leader Mitch McConnell, Senator Rand Paul, and Senator John McCain, insist that limiting the intelligence community’s authority weakens national security. In response to the bill’s passage, McConnell warned that the USA Freedom Act is, “a resounding victory for those who plotted against our homeland.”
Obama signed the USA Freedom Act, the first piece of legislation to reform post 9/11 surveillance measures, just hours after it passed the Senate. The NSA will temporarily restart its collection program and switch to the new system in six months.
Photo credit: Vinoth Chandar
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.
