NSA loses bulk phone surveillance powers, after senators fail to pass extension
PUBLISHED : Monday, 01 June, 2015, 12:22pm
UPDATED : Monday, 01 June, 2015, 7:22pm
Associated Press in Washington
US Republican Senator Rand Paul leaves the US Capitol after speaking against the extension of the NSA's powers. Photo: AFP
The National Security Agency has temporarily lost its authority to collect Americans’ phone records in bulk, after Republican Senator Rand Paul stood in the way of extending the fiercely contested program in an extraordinary session in the Senate.
The authorisation expired at midnight Sunday, eastern time. But that program and several other post-September 11, 2001 counter-terror measures look likely to be revived in a matter of days. With no other options, Senate Majority Leader Mitch McConnell reluctantly embraced a House of Representatives-passed bill that would soon extend the provisions that expired at midnight, while remaking the bulk phone collections program.
Although the lapse in the programs may be brief, intelligence officials warned that it could jeopardise Americans’ safety. But civil liberties groups applauded as Paul, who is running for president, forced the expiration of the once-secret program made public by NSA contractor Edward Snowden. Critics have called the program an unconstitutional intrusion into Americans’ privacy.
The Senate voted 77-17 to move ahead on the House-passed bill, the USA Freedom Act, which would require the government to search records maintained by phone companies.
The White House backs the House bill. “The Senate took an important — if late — step forward tonight. We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible,” White House Press Secretary Josh Earnest said in a statement.
But the Senate adjourned without final action on the bill after Paul said he would assert his prerogative under Senate rules to delay a final vote for a couple of days.
“This is what we fought the revolution over, are we going to so blithely give up our freedom?” Paul said. Fellow Republicans exited the chamber en masse when he stood up to speak.
Senator John McCain complained to reporters that Paul places “a higher priority on his fundraising and his ambitions than on the security of the nation.”
In addition to the bulk phone collections provision, two lesser-known Patriot Act provisions also lapsed at midnight. One, so far unused, helped track “lone wolf” terrorism suspects unconnected to a foreign power. The second allowed the government to eavesdrop on suspects who continually discard their cellphones.
The House bill extends those two provisions unchanged. It also remakes the bulk collection program so that the NSA would stop collecting the phone records after a six-month transition period, but would be authorised under court order to search the records held by the phone companies.
The FBI’s use of the Patriot Act to collect hotel, travel, credit card, banking and other business records in national security investigations would also be extended under the House bill. Law enforcement officials say the collection of those business records is more valuable than the better-known bulk phone collections program.
CIA Director John Brennan was among those warning that letting the authorities lapse, even for a short time, will make America less safe.
For Paul, the issue represents a potent political opportunity, and his presidential campaign has been sending out numerous fundraising appeals focused on it.
