Last Monday, a bipartisan group of Senators and a coalition including libertarian and progressive activists thwarted a scheme to ram through the Senate legislation renewing three provisions of the USA FREEDOM Act (previously known as the USA PATRIOT Act). The bill had already been rushed through the House of Representatives, and most expected it to sail through the Senate. But, instead, Senate leadership had to settle for a 77-day extension.
Senate leadership was also forced to allow consideration of several amendments at a later date. Included is Sen. Rand Paul’s amendment that would forbid the FISA court from issuing warrants targeting American citizens.
Deep state supporters claim the expiring business records provision (which authorizes the collection of our communications and was at the center of Edward Snowden’s 2013 revelations), lone wolf provision (which allows government to subject an individual with no known ties to terrorists to warrantless surveillance), and roving wiretaps provision (which allows government to monitor communications on any device that may be used by a targeted individual) are necessary to keep Americans safe. But, since Congress first passed the PATRIOT Act almost 20 years ago, mass surveillance, warrantless wiretapping, and bulk data collection have not stopped a single terrorist attack.
The legislation does have “reforms” aimed at protecting civil liberties, but these new protections contain loopholes that render the protections meaningless. For example, the bill requires those targeted for surveillance to be notified that the government spied on them. However, this requirement can be waived if the government simply claims — not proves but just clams — that notifying the target would harm “national security.”…