Trump Says He Supports Reauthorizing Patriot Act, NSA Metadata Collection
2016 Republican presidential candidate and billionaire real estate mogul Donald Trump said that he supports reauthorizing the USA PATRIOT Act and bulk cell phone metadata collection by the National Security Agency in an interview on the Hugh Hewitt Show earlier this month.
In the above-embedded clip, Hewitt asks Trump, “On metadata collection, Ted Cruz is glad the NSA got out of it. Marco Rubio wants it back. What’s Donald Trump think?”
“Well, I tend to err on the side of security, I must tell you,” Trump replied, “and I’ve been there for longer than you would think. But, you know, when you have people that are beheading if you’re a Christian and frankly for lots of other reasons, when you have the world looking at us and would like to destroy us as quickly as possible, I err on the side of security, and so that’s the way it is, that’s the way I’ve been, and some people like that, frankly, and some people don’t like that.”
Showing posts with label PATRIOT Act. Show all posts
Showing posts with label PATRIOT Act. Show all posts
Tuesday, December 8, 2015
Monday, June 1, 2015
Zombie Patriot Act Will Keep U.S. Spying—Even if the Original Dies
Zombie Patriot Act Will Keep U.S. Spying—Even if the Original Dies
Forget the White House’s doomsday talk about American intelligence going blind. Thanks to backdoor provisions and alternate collection schemes, U.S. spies will keep on snooping.
President Obama and his top national-security officials spent the past few days warning that once intelligence-gathering authorities in the Patriot Act expired just after midnight Sunday, the United States would face a greater risk of a terrorist attack.
That argument is highly debatable—at least, in the short term. Not only does the U.S. government have all sorts of other ways to collect the same kind of intelligence outlined in the Patriot Act, but there’s also a little-noticed back door in the act that allows U.S. spy agencies to gather information in pretty much the same ways they did before.
In other words, there’s a zombie Patriot Act—one that lives on, though the existing version is dead.
On Sunday night, senators voted overwhelmingly to end debate on a measure passed in the House, the USA Freedom Act, which will leave most surveillance authorities in the Patriot Act intact. But some of those powers won’t expire at least until Tuesday and possibly Wednesday. Administration officials had warned that even a momentary interruption posed a grave risk.
“I don’t want us to be in a situation in which for a certain period of time those authorities go away and suddenly we’re dark, and heaven forbid we’ve got a problem where we could’ve prevented a terrorist attack or apprehended someone who was engaged in dangerous activity,” Obama told reporters at the White House on Friday. On Sunday, CIA Director John Brennan said on CBS’s Face the Nation that there’d “been a little too much political grandstanding and crusading for ideological causes that have skewed the debate on this issue,” an apparent reference to Sen. Rand Paul, a Republican presidential candidate, and his promise to force the law to expire, “but these tools are important to American lives.”
They may be. But they are far from the only tools in the counterterrorism arsenal, and though they are no longer law as of Monday, the United States still has plenty of authority to collect intelligence on jihadis and foreign spies.
For starters, there will be what’s left of the Patriot Act itself. One former U.S. intelligence official told The Daily Beast that Section 214 of the law, which allows “pen register/trap & trace,” could be used to collect phone and even email records. That would not only cover the gap from the expiring NSA program that collects the phone records of Americans’ landline calls, but potentially expand the government’s collection. (No wonder the NSA largely views the bill that would reform the Patriot Act as a major win.)
That former official and another both noted that there are other tools, including under different laws than the Patriot Act, for obtaining “roving wiretaps,” which allow the government to monitor one person’s multiple communications devices.
Following the Senate vote to proceed on to the Freedom Act, Sen. Jim Inhofe (R-OK) told The Daily Beast that the intelligence agencies did have a means to continue surveillance of terrorists and spies.
“I think there are other tools that can be used, but I’m not going to elaborate on them,” Inhofe said.
Director of National Intelligence James Clapper said in a statement Friday if that provision expires, “we will no longer be able to get orders allowing us to effectively track terrorists and spies who switch communications devices.”
Maybe not under the Patriot Act. But both former officials said they were confident that a judge would still grant a warrant drawn up for a single suspect and his multiple devices. They also pointed out that the roving-wiretap provision itself has rarely been used. (According to U.S. courts, 11 roving-wiretap orders were issued in 2013, the most recent year for which figures are available.)
Then there’s another powerful tool that the FBI and intelligence agencies have long had in their arsenal and still will—national-security letters. They make it relatively easy for investigators to gather up all kinds of communications records. This authority can be used to collect phone, Internet, and financial records.
National-security letters were actually around before the Patriot Act became law in 2001, but the legislation lowered the standard that the government must meet to obtain them. They’ll still be comparatively easy to get now that portions of the Patriot Act are off the books.
Forget the White House’s doomsday talk about American intelligence going blind. Thanks to backdoor provisions and alternate collection schemes, U.S. spies will keep on snooping.
President Obama and his top national-security officials spent the past few days warning that once intelligence-gathering authorities in the Patriot Act expired just after midnight Sunday, the United States would face a greater risk of a terrorist attack.
That argument is highly debatable—at least, in the short term. Not only does the U.S. government have all sorts of other ways to collect the same kind of intelligence outlined in the Patriot Act, but there’s also a little-noticed back door in the act that allows U.S. spy agencies to gather information in pretty much the same ways they did before.
In other words, there’s a zombie Patriot Act—one that lives on, though the existing version is dead.
On Sunday night, senators voted overwhelmingly to end debate on a measure passed in the House, the USA Freedom Act, which will leave most surveillance authorities in the Patriot Act intact. But some of those powers won’t expire at least until Tuesday and possibly Wednesday. Administration officials had warned that even a momentary interruption posed a grave risk.
“I don’t want us to be in a situation in which for a certain period of time those authorities go away and suddenly we’re dark, and heaven forbid we’ve got a problem where we could’ve prevented a terrorist attack or apprehended someone who was engaged in dangerous activity,” Obama told reporters at the White House on Friday. On Sunday, CIA Director John Brennan said on CBS’s Face the Nation that there’d “been a little too much political grandstanding and crusading for ideological causes that have skewed the debate on this issue,” an apparent reference to Sen. Rand Paul, a Republican presidential candidate, and his promise to force the law to expire, “but these tools are important to American lives.”
They may be. But they are far from the only tools in the counterterrorism arsenal, and though they are no longer law as of Monday, the United States still has plenty of authority to collect intelligence on jihadis and foreign spies.
For starters, there will be what’s left of the Patriot Act itself. One former U.S. intelligence official told The Daily Beast that Section 214 of the law, which allows “pen register/trap & trace,” could be used to collect phone and even email records. That would not only cover the gap from the expiring NSA program that collects the phone records of Americans’ landline calls, but potentially expand the government’s collection. (No wonder the NSA largely views the bill that would reform the Patriot Act as a major win.)
That former official and another both noted that there are other tools, including under different laws than the Patriot Act, for obtaining “roving wiretaps,” which allow the government to monitor one person’s multiple communications devices.
Following the Senate vote to proceed on to the Freedom Act, Sen. Jim Inhofe (R-OK) told The Daily Beast that the intelligence agencies did have a means to continue surveillance of terrorists and spies.
“I think there are other tools that can be used, but I’m not going to elaborate on them,” Inhofe said.
Director of National Intelligence James Clapper said in a statement Friday if that provision expires, “we will no longer be able to get orders allowing us to effectively track terrorists and spies who switch communications devices.”
Maybe not under the Patriot Act. But both former officials said they were confident that a judge would still grant a warrant drawn up for a single suspect and his multiple devices. They also pointed out that the roving-wiretap provision itself has rarely been used. (According to U.S. courts, 11 roving-wiretap orders were issued in 2013, the most recent year for which figures are available.)
Then there’s another powerful tool that the FBI and intelligence agencies have long had in their arsenal and still will—national-security letters. They make it relatively easy for investigators to gather up all kinds of communications records. This authority can be used to collect phone, Internet, and financial records.
National-security letters were actually around before the Patriot Act became law in 2001, but the legislation lowered the standard that the government must meet to obtain them. They’ll still be comparatively easy to get now that portions of the Patriot Act are off the books.
Patriot Act expires as Paul blocks final vote on NSA reform
Patriot Act expires as Paul blocks final vote on NSA reform
The Senate advanced legislation 77-17 to reform the National Security Agency on Sunday, but parts of the Patriot Act will nonetheless lapse for a few days amid opposition from Sen. Rand Paul (R-Ky.).
The legislation, called the USA Freedom Act, will not reach President Obama’s desk until after the three measures expire at midnight, meaning that the provisions will expire until the bill is passed by the Senate and signed by Obama later this week.
“The Patriot Act will expire tonight,” Paul declared triumphantly from the Senate floor during a rare Sunday evening vote. “It will only be temporary. They will ultimately get their way.”
Obama has supported the measure and had repeatedly urged lawmakers to support it in the days leading up to Sunday’s deadline. The bill needed 60 votes in order to advance.
“The Senate took an important—if late—step forward tonight,” White House spokesman Josh Earnest said in a statement late Sunday. “We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible. On a matter as critical as our national security, individual Senators must put aside their partisan motivations and act swiftly. The American people deserve nothing less.”
A failed gambit by Senate Majority Leader Mitch McConnell (R-Ky.) opened the door to Paul’s use of procedural tactics to delay consideration of the bill.
Paul had made the spying programs unearthed by former government contractor Edward Snowden a central part of his presidential candidacy and vowed to force the expiration of the Patriot Act heading into the weekend.
Paul argues the USA Freedom Act — which was approved by the House 338-88 earlier in May — does not go far enough to rein in spying programs that he and his allies argue are unconstitutional.
“Are we going to so blithely give up our freedom? Are we going to so blindly go along and take it?” Paul said in heated remarks on the Senate floor before the vote.
“I’m not going to take it anymore,” he declared, as his voice rose to a shout. “I don’t think the American people are going to take it anymore.”
Paul — who had roughly two dozen supporters crowding the gallery of the Senate in red “Stand with Rand” t-shirts — appeared to declare victory after the vote.
“We didn’t have 60 votes before to end the bulk collection,” he told reporters after emerging from the chamber. “By slowing the process down, talking about the Patriot Act, we now will end bulk collection of records by the government.”
McConnell introduced a handful of amendments Sunday evening on behalf of himself and Senate Intelligence Committee Chairman Richard Burr (R-N.C.). Paul and Sen. Bernie Sanders (I-Vt.) has also attempted to bring up amendments of their own, but they were blocked.
Paul’s opposition will push votes on both those amendments and the final bill back to Tuesday at the earliest, and potentially Wednesday.
The House would then either need to vote on the new bill or hash out the details in a conference committee.
Rep. Justin Amash (R-Mich.) — an NSA critic — warned senators against adding amendments to the legislation that could potentially weaken the bill in the eyes of its supporters.
“On the House side there’s not support for a more watered down version of the Freedom Act,” he said. “If they want to get something passed through the House they need to make it better not worse.”
Tensions between Paul and other Senate Republicans were evident throughout Sunday’s proceedings — particularly when the Kentucky Republican sought to speak in opposition to the bill when Sens. Dan Coates (R-Ind.) and John McCain (R-Ariz.) were holding the floor.
“The senator from Kentucky needs to learn the rules of the Senate,” McCain said.
“Maybe the senator from Kentucky should know the rules of the Senate.”
Paul a little more than a week ago blocked the Senate from considering a short-term extension of the Patriot Act, which also could have prevented a lapse in the program if the House had found a way to consider it.
The Senate advanced legislation 77-17 to reform the National Security Agency on Sunday, but parts of the Patriot Act will nonetheless lapse for a few days amid opposition from Sen. Rand Paul (R-Ky.).
The legislation, called the USA Freedom Act, will not reach President Obama’s desk until after the three measures expire at midnight, meaning that the provisions will expire until the bill is passed by the Senate and signed by Obama later this week.
“The Patriot Act will expire tonight,” Paul declared triumphantly from the Senate floor during a rare Sunday evening vote. “It will only be temporary. They will ultimately get their way.”
Obama has supported the measure and had repeatedly urged lawmakers to support it in the days leading up to Sunday’s deadline. The bill needed 60 votes in order to advance.
“The Senate took an important—if late—step forward tonight,” White House spokesman Josh Earnest said in a statement late Sunday. “We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible. On a matter as critical as our national security, individual Senators must put aside their partisan motivations and act swiftly. The American people deserve nothing less.”
A failed gambit by Senate Majority Leader Mitch McConnell (R-Ky.) opened the door to Paul’s use of procedural tactics to delay consideration of the bill.
Paul had made the spying programs unearthed by former government contractor Edward Snowden a central part of his presidential candidacy and vowed to force the expiration of the Patriot Act heading into the weekend.
Paul argues the USA Freedom Act — which was approved by the House 338-88 earlier in May — does not go far enough to rein in spying programs that he and his allies argue are unconstitutional.
“Are we going to so blithely give up our freedom? Are we going to so blindly go along and take it?” Paul said in heated remarks on the Senate floor before the vote.
“I’m not going to take it anymore,” he declared, as his voice rose to a shout. “I don’t think the American people are going to take it anymore.”
Paul — who had roughly two dozen supporters crowding the gallery of the Senate in red “Stand with Rand” t-shirts — appeared to declare victory after the vote.
“We didn’t have 60 votes before to end the bulk collection,” he told reporters after emerging from the chamber. “By slowing the process down, talking about the Patriot Act, we now will end bulk collection of records by the government.”
McConnell introduced a handful of amendments Sunday evening on behalf of himself and Senate Intelligence Committee Chairman Richard Burr (R-N.C.). Paul and Sen. Bernie Sanders (I-Vt.) has also attempted to bring up amendments of their own, but they were blocked.
Paul’s opposition will push votes on both those amendments and the final bill back to Tuesday at the earliest, and potentially Wednesday.
The House would then either need to vote on the new bill or hash out the details in a conference committee.
Rep. Justin Amash (R-Mich.) — an NSA critic — warned senators against adding amendments to the legislation that could potentially weaken the bill in the eyes of its supporters.
“On the House side there’s not support for a more watered down version of the Freedom Act,” he said. “If they want to get something passed through the House they need to make it better not worse.”
Tensions between Paul and other Senate Republicans were evident throughout Sunday’s proceedings — particularly when the Kentucky Republican sought to speak in opposition to the bill when Sens. Dan Coates (R-Ind.) and John McCain (R-Ariz.) were holding the floor.
“The senator from Kentucky needs to learn the rules of the Senate,” McCain said.
“Maybe the senator from Kentucky should know the rules of the Senate.”
Paul a little more than a week ago blocked the Senate from considering a short-term extension of the Patriot Act, which also could have prevented a lapse in the program if the House had found a way to consider it.
Thursday, May 28, 2015
Rand Paul: The Patriot Act Provides No Security at the Cost of Our Liberty
Rand Paul: The Patriot Act Provides No Security at the Cost of Our Liberty
Supporters of the NSA’s large scale spying on the American people claim the program has made our country safer. Benjamin Franklin famously said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
This week, I stood on the Senate floor for over 10 hours explaining just that. We should never give up our rights for a false sense of security, but supporters of the PATRIOT Act are also presenting voters with a false choice. This week, the Investigator General reported that the FBI has not cracked a single terrorist plot thanks to the invasive spying powers implanted under the PATRIOT Act. Let me reiterate that: even the most vocal defenders of the spying program have failed to identify a single thwarted plot.
When will we realize that trading liberty for security is a monumental mistake? The Revolutionary War was fought to protect against writs of assistance, general warrants written by soldiers not judges. Our Founding Fathers believed that the right to be left alone—the right to be secure in your own persons—is the most cherished of rights.
Politicians like Senators Sen. John McCain (R-AZ), Sen. Lindsey Graham (R-SC), Sen. Marco Rubio (R-FL), and Governors Jeb Bush and Scott Walker have all endorsed the NSA domestic surveillance program. Alone among presidential candidates, I am leading the fight to end this unconstitutional program. They are threatening our rights, freedoms, and privacy by encouraging the NSA to continue their warrantless tapping of American’s cell phones, and all without good reason.
Two independent, bipartisan presidential commissions have now said that not a single terrorist has been caught or terrorist plot stopped by this program. The only thing this program is stopping is the freedom and right to privacy of law-abiding citizens. The Court of Appeals for the Second Circuit recognized this infringement and deemed the NSA spying program to be illegal. Additionally, a recent Pew Research Poll shows that a majority of Americans want the PATRIOT Act changed.
These politicians claim there is ‘ample evidence’ that bulk data collection of law-abiding citizens has played a major part in our anti-terrorist efforts. This is simply not true, when the facts have been independently reviewed by private and public organizations.
In a report issued Thursday, the Justice Department Inspector General Michael E. Horowitz said that between 2004 and 2009, the FBI tripled its use of bulk collection under Section 215 of the PATRIOT Act. Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation—a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain without a warrant is seemingly limitless and can include things like driver license records and Internet browsing history.
Though the invasive program was tripled, FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the PATRIOT Act.
Supporters of the NSA’s large scale spying on the American people claim the program has made our country safer. Benjamin Franklin famously said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
This week, I stood on the Senate floor for over 10 hours explaining just that. We should never give up our rights for a false sense of security, but supporters of the PATRIOT Act are also presenting voters with a false choice. This week, the Investigator General reported that the FBI has not cracked a single terrorist plot thanks to the invasive spying powers implanted under the PATRIOT Act. Let me reiterate that: even the most vocal defenders of the spying program have failed to identify a single thwarted plot.
When will we realize that trading liberty for security is a monumental mistake? The Revolutionary War was fought to protect against writs of assistance, general warrants written by soldiers not judges. Our Founding Fathers believed that the right to be left alone—the right to be secure in your own persons—is the most cherished of rights.
Politicians like Senators Sen. John McCain (R-AZ), Sen. Lindsey Graham (R-SC), Sen. Marco Rubio (R-FL), and Governors Jeb Bush and Scott Walker have all endorsed the NSA domestic surveillance program. Alone among presidential candidates, I am leading the fight to end this unconstitutional program. They are threatening our rights, freedoms, and privacy by encouraging the NSA to continue their warrantless tapping of American’s cell phones, and all without good reason.
Two independent, bipartisan presidential commissions have now said that not a single terrorist has been caught or terrorist plot stopped by this program. The only thing this program is stopping is the freedom and right to privacy of law-abiding citizens. The Court of Appeals for the Second Circuit recognized this infringement and deemed the NSA spying program to be illegal. Additionally, a recent Pew Research Poll shows that a majority of Americans want the PATRIOT Act changed.
These politicians claim there is ‘ample evidence’ that bulk data collection of law-abiding citizens has played a major part in our anti-terrorist efforts. This is simply not true, when the facts have been independently reviewed by private and public organizations.
In a report issued Thursday, the Justice Department Inspector General Michael E. Horowitz said that between 2004 and 2009, the FBI tripled its use of bulk collection under Section 215 of the PATRIOT Act. Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation—a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain without a warrant is seemingly limitless and can include things like driver license records and Internet browsing history.
Though the invasive program was tripled, FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the PATRIOT Act.
Friday, May 15, 2015
Amash amendment only enforced Patriot Act, not Fourth Amendment
Amash amendment only enforced Patriot Act, not Fourth Amendment
Last week, Rep. Justin Amash, R-Mich., introduced an amendment to the Defense Appropriations Bill. It required the NSA and other government agencies merely to obey the Patriot Act, not the Fourth Amendment. That the data to be collected are “relevant to an ongoing national security investigation” doesn’t mean that there is probable cause that the person whose records are collected has committed a crime.
The language was taken from Sec. 214 of the Patriot Act, which amended Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842).
Amash’s amendment did not attempt to enforce the standard set in the Fourth Amendment, which requires “probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” That the data to be collected is merely relevant to an ongoing national security investigation doesn’t necessarily mean that there is probable cause that the person whose records are collected has committed a crime.
That means the Patriot Act is unconstitutional, according to any reasonable interpretation of the Fourth Amendment.
The NSA’s activities do not even meet the lower standards set by the Patriot Act. They are illegal even under an unconstitutional law.
It is important to remember the difference between “constitutional” and “legal.” Legal means the activity in question complies with existing law passed by a legislative body. Constitutional means the legislative body had been given the power to pass the law in the first place.
The U.S. Congress not only wasn’t given the power to pass the Patriot Act, it was strictly prohibited from doing so by the Fourth Amendment. Congress passed the legislation anyway. The NSA hasn’t even complied with that.
Last week, Rep. Justin Amash, R-Mich., introduced an amendment to the Defense Appropriations Bill. It required the NSA and other government agencies merely to obey the Patriot Act, not the Fourth Amendment. That the data to be collected are “relevant to an ongoing national security investigation” doesn’t mean that there is probable cause that the person whose records are collected has committed a crime.
The language was taken from Sec. 214 of the Patriot Act, which amended Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842).
Amash’s amendment did not attempt to enforce the standard set in the Fourth Amendment, which requires “probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” That the data to be collected is merely relevant to an ongoing national security investigation doesn’t necessarily mean that there is probable cause that the person whose records are collected has committed a crime.
That means the Patriot Act is unconstitutional, according to any reasonable interpretation of the Fourth Amendment.
The NSA’s activities do not even meet the lower standards set by the Patriot Act. They are illegal even under an unconstitutional law.
It is important to remember the difference between “constitutional” and “legal.” Legal means the activity in question complies with existing law passed by a legislative body. Constitutional means the legislative body had been given the power to pass the law in the first place.
The U.S. Congress not only wasn’t given the power to pass the Patriot Act, it was strictly prohibited from doing so by the Fourth Amendment. Congress passed the legislation anyway. The NSA hasn’t even complied with that.
Tuesday, May 12, 2015
Rand Paul threatens to filibuster Patriot Act renewal
Rand Paul threatens to filibuster Patriot Act renewal
Senator Rand Paul (R-Ky.), who energized conservatives, independents and even many progressives in 2013 with his 13-hour drone filibuster, has now threatened to do the same if the Senate attempts to reauthorize the National Security Agency’s mass data collection programs. The New Hampshire Union Leader reports:
“I’m going to lead the charge in the next couple of weeks as the Patriot Act comes forward,” he said in a one-on-one interview with the New Hampshire Union Leader. “We will be filibustering. We will be trying to stop it. We are not going to let them run over us. And we are going to demand amendments and we are going to make sure the American people know that some of us at least are opposed to unlawful searches.”
This statement comes on the heels of Paul’s praise for the recent Second Circuit Court of Appeals decision calling the NSA’s bulk collection of phone records illegal. This court decision might impact the upcoming congressional fight over reauthorizing several key provisions of the Patriot Act, including Section 215 that has been used to justify warrantless surveillance and data collection.
Paul’s potential filibuster could pit him against one of his strongest supporters in GOP leadership, Senate Majority Leader Mitch McConnell (R-KY), who has been fighting to extend the Patriot Act. McConnell introduced legislation last month to reauthorize the Patriot Act until 2020 without any meaningful reforms or revisions.
Senator Rand Paul (R-Ky.), who energized conservatives, independents and even many progressives in 2013 with his 13-hour drone filibuster, has now threatened to do the same if the Senate attempts to reauthorize the National Security Agency’s mass data collection programs. The New Hampshire Union Leader reports:
“I’m going to lead the charge in the next couple of weeks as the Patriot Act comes forward,” he said in a one-on-one interview with the New Hampshire Union Leader. “We will be filibustering. We will be trying to stop it. We are not going to let them run over us. And we are going to demand amendments and we are going to make sure the American people know that some of us at least are opposed to unlawful searches.”
This statement comes on the heels of Paul’s praise for the recent Second Circuit Court of Appeals decision calling the NSA’s bulk collection of phone records illegal. This court decision might impact the upcoming congressional fight over reauthorizing several key provisions of the Patriot Act, including Section 215 that has been used to justify warrantless surveillance and data collection.
Paul’s potential filibuster could pit him against one of his strongest supporters in GOP leadership, Senate Majority Leader Mitch McConnell (R-KY), who has been fighting to extend the Patriot Act. McConnell introduced legislation last month to reauthorize the Patriot Act until 2020 without any meaningful reforms or revisions.
Thursday, April 23, 2015
McConnell Fast-Tracks Bill To Reauthorize Patriot Act Until 2020
McConnell Fast-Tracks Bill To Reauthorize Patriot Act Until 2020
Senate Majority Leader Mitch McConnell introduced a bill Tuesday night to reauthorize a portion of the Patriot Act that allows the National Security Agency to sweep up call records on millions of Americans until 2020.
McConnell began the process of placing the bill on the Senate calendar Tuesday night under Rule 14, which allows the legislation to skip committee markup.
The bill, cosponsored by Senate Intelligence Committee Chairman Richard Burr, “extend[s] authority relating to roving surveillance, access to business records, and individual terrorists as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978 and for other purposes.”
Under the legislation, Section 215 of the Patriot Act would be renewed for another five years. Section 215 authorizes the NSA to collect and store virtually all Americans’ landline telephone records, including telephone numbers, dialed numbers, call durations and locations. The provision expires on June 1.
McConnell’s bill comes amid a renewed effort to revive the U.S.A. Freedom Act in the House, where it passed last year but failed in the Senate. The Freedom Act renews Section 215, but includes reforms to limit the NSA’s access to phone records.
Republicans led by McConnell attacked the Freedom Act late last year, insisting the new reforms would open the U.S. up to greater threats from terrorist organizations including ISIS in the Middle East.
Senate Majority Leader Mitch McConnell introduced a bill Tuesday night to reauthorize a portion of the Patriot Act that allows the National Security Agency to sweep up call records on millions of Americans until 2020.
McConnell began the process of placing the bill on the Senate calendar Tuesday night under Rule 14, which allows the legislation to skip committee markup.
The bill, cosponsored by Senate Intelligence Committee Chairman Richard Burr, “extend[s] authority relating to roving surveillance, access to business records, and individual terrorists as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978 and for other purposes.”
Under the legislation, Section 215 of the Patriot Act would be renewed for another five years. Section 215 authorizes the NSA to collect and store virtually all Americans’ landline telephone records, including telephone numbers, dialed numbers, call durations and locations. The provision expires on June 1.
McConnell’s bill comes amid a renewed effort to revive the U.S.A. Freedom Act in the House, where it passed last year but failed in the Senate. The Freedom Act renews Section 215, but includes reforms to limit the NSA’s access to phone records.
Republicans led by McConnell attacked the Freedom Act late last year, insisting the new reforms would open the U.S. up to greater threats from terrorist organizations including ISIS in the Middle East.
Thursday, March 26, 2015
House Introduces Bill to Repeal the Patriot Act
House Introduces Bill to Repeal the Patriot Act
Rep. Mark Pocan (D-Wis.) and Rep. Thomas Massie (R-Ky.) have introduced the Surveillance State Repeal Act that would end the NSA’s unconstitutional domestic spying. I can say without hesitation: this bill is the real deal.
“The Patriot Act contains many provisions that violate the Fourth Amendment and have led to a dramatic expansion of our domestic surveillance state,” said Rep. Massie. “Our Founding Fathers fought and died to stop the kind of warrantless spying and searches that the Patriot Act and the FISA Amendments Act authorize. It is long past time to repeal the Patriot Act and reassert the constitutional rights of all Americans. I am proud to co-sponsor Congressman Pocan’s bill and look forward to working with him on this issue.”
Congress has introduced a handful of NSA reform bills over the past few years. Due to public disapproval of NSA spying, there is significant political pressure to “do something” about it. Most of these reform bills, however, would do practically nothing to rein in warrantless spying. Civil liberties experts say that most of these bills contain loopholes that would allow the invasive practices to continue.
That’s why it’s so refreshing to see a bill like the Surveillance State Repeal Act. It’s bold and effective. Specifically, here is what the bill would do:
Repeals the Patriot Act (which contains the provision that allows for the bulk collection of metadata from U.S. citizens).
Repeals the FISA Amendments Act (which contains provisions allowing for the government to monitor emails).
It would extend judges’ terms on the Foreign Intelligence Surveillance Court and technical and legal experts to advise on technical issues raised during proceedings.
Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law and issue an annual report.
Ban the federal government from mandating that the manufacturer of an electronic device must install spy software.
Gives people a proper channel to report illegal activity in their department.
Says that no information related to a U.S. person may be acquired without a valid warrant based on probable cause—including under Executive Order 12333.
Rep. Mark Pocan (D-Wis.) and Rep. Thomas Massie (R-Ky.) have introduced the Surveillance State Repeal Act that would end the NSA’s unconstitutional domestic spying. I can say without hesitation: this bill is the real deal.
“The Patriot Act contains many provisions that violate the Fourth Amendment and have led to a dramatic expansion of our domestic surveillance state,” said Rep. Massie. “Our Founding Fathers fought and died to stop the kind of warrantless spying and searches that the Patriot Act and the FISA Amendments Act authorize. It is long past time to repeal the Patriot Act and reassert the constitutional rights of all Americans. I am proud to co-sponsor Congressman Pocan’s bill and look forward to working with him on this issue.”
Congress has introduced a handful of NSA reform bills over the past few years. Due to public disapproval of NSA spying, there is significant political pressure to “do something” about it. Most of these reform bills, however, would do practically nothing to rein in warrantless spying. Civil liberties experts say that most of these bills contain loopholes that would allow the invasive practices to continue.
That’s why it’s so refreshing to see a bill like the Surveillance State Repeal Act. It’s bold and effective. Specifically, here is what the bill would do:
Repeals the Patriot Act (which contains the provision that allows for the bulk collection of metadata from U.S. citizens).
Repeals the FISA Amendments Act (which contains provisions allowing for the government to monitor emails).
It would extend judges’ terms on the Foreign Intelligence Surveillance Court and technical and legal experts to advise on technical issues raised during proceedings.
Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law and issue an annual report.
Ban the federal government from mandating that the manufacturer of an electronic device must install spy software.
Gives people a proper channel to report illegal activity in their department.
Says that no information related to a U.S. person may be acquired without a valid warrant based on probable cause—including under Executive Order 12333.
Friday, January 30, 2015
Paul: Congress shouldn't reauthorize PATRIOT Act
Paul: Congress shouldn't reauthorize PATRIOT Act
It will not shock readers to hear that quite often, legislation on Capitol Hill is not as advertised. When Congress wants to do something particularly objectionable, they tend give it a fine-sounding name.
The PATRIOT Act is perhaps the best-known example. The legislation had been drafted well before the 9-11 terrorist attacks on the United States. but was going nowhere. The 9-11 attacks gave it a new lease on life. Politicians exploited the surge in patriotism following the attack to reintroduce the bill and call it the PATRIOT Act. To oppose it at that time was, by design, to seem unpatriotic.
At the time, 62 Democrats voted against the legislation. On the Republican side there were only three “no” votes: former Rep. Bob Ney, R-Ohio, former Rep. Butch Otter, R-Idaho, and myself.
The abuses of the Constitution in the PATRIOT Act do not need to be fully recounted here, but Presidents Bush and Obama both claimed authority based on it to gut the Fourth Amendment. The PATRIOT Act ushered in the era of warrantless wiretapping, monitoring of our Internet behavior, watering down of probable cause, and much more. After the revelations by whistleblower Edward Snowden, we know how the National Security Agency viewed constitutional restraints on surveillance of the American people during the PATRIOT Act period.
It will not shock readers to hear that quite often, legislation on Capitol Hill is not as advertised. When Congress wants to do something particularly objectionable, they tend give it a fine-sounding name.
The PATRIOT Act is perhaps the best-known example. The legislation had been drafted well before the 9-11 terrorist attacks on the United States. but was going nowhere. The 9-11 attacks gave it a new lease on life. Politicians exploited the surge in patriotism following the attack to reintroduce the bill and call it the PATRIOT Act. To oppose it at that time was, by design, to seem unpatriotic.
At the time, 62 Democrats voted against the legislation. On the Republican side there were only three “no” votes: former Rep. Bob Ney, R-Ohio, former Rep. Butch Otter, R-Idaho, and myself.
The abuses of the Constitution in the PATRIOT Act do not need to be fully recounted here, but Presidents Bush and Obama both claimed authority based on it to gut the Fourth Amendment. The PATRIOT Act ushered in the era of warrantless wiretapping, monitoring of our Internet behavior, watering down of probable cause, and much more. After the revelations by whistleblower Edward Snowden, we know how the National Security Agency viewed constitutional restraints on surveillance of the American people during the PATRIOT Act period.
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