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| Senate to vote on NSA surveillance powers and USA Freedom Act – live | Senate to vote on NSA surveillance powers and USA Freedom Act – live |
| (35 minutes later) | |
| The USA Freedom Act does not touch many surveillance programs used by the NSA, FBI and DEA, including one involving a small fleet of airplanes and fictitious front companies. From the AP: | |
| The planes’ surveillance equipment is generally used without a judge’s approval, and the FBI said the flights are used for specific, ongoing investigations. In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found. | |
| The FBI confirmed for the first time the wide-scale use of the aircraft, which the AP traced to at least 13 fake companies, such as FVX Research, KQM Aviation, NBR Aviation and PXW Services. Even basic aspects of the program are withheld from the public in censored versions of official reports from the Justice Department’s inspector general. | |
| “The FBI’s aviation program is not secret,” spokesman Christopher Allen said in a statement. “Specific aircraft and their capabilities are protected for operational security purposes.” Allen added that the FBI’s planes “are not equipped, designed or used for bulk collection activities or mass surveillance”. | |
| Evidence accrued by the planes can however be used for prosecutions in unrelated criminal cases, and the planes can also be outfitted with sensors to monitor cellphones of the people below, a practice that mimics cell towers. | |
| One of the planes, photographed in flight last week by the AP in northern Virginia, bristled with unusual antennas under its fuselage and a camera on its left side. A federal budget document from 2010 mentioned at least 115 planes, including 90 Cessna aircraft, in the FBI’s surveillance fleet. | |
| “These are not your grandparents’ surveillance aircraft,” said Jay Stanley, a senior policy analyst with the American Civil Liberties Union, calling the flights significant “if the federal government is maintaining a fleet of aircraft whose purpose is to circle over American cities, especially with the technology we know can be attached to those aircraft.” | |
| You can read more about the program here. | |
| In contrast to McConnell’s amendments, senators Ron Wyden and Rand Paul have proposed nine changes that would further restrict the intelligence agencies and increase visibility into their actions. | |
| They are: | |
| McConnell says his amendments are “common sense” safeguards for “fundamental and necessary counterterrorism tools”. | McConnell says his amendments are “common sense” safeguards for “fundamental and necessary counterterrorism tools”. |
| He says that the gaps in the current bill are “worrying for man reasons”. | He says that the gaps in the current bill are “worrying for man reasons”. |
| “We don’t want to find out the system doesn’t work in a far more tragic way.” | “We don’t want to find out the system doesn’t work in a far more tragic way.” |
| McConnell then summarizes his proposed amendments as he sees them. “One that would allow for more time of the construction and testing of a system that does not yet exist. | McConnell then summarizes his proposed amendments as he sees them. “One that would allow for more time of the construction and testing of a system that does not yet exist. |
| “Another would ensure that the director of national intelligence is in charged with at least ensuring the readiness of the system.” | “Another would ensure that the director of national intelligence is in charged with at least ensuring the readiness of the system.” |
| A third would require telecommunication companies to notify Congress should they “elect to change their data retention policies,” saying that one company has already said it would “not commit to holding the data for any period of time under the House-passed bill unless required by law.” | A third would require telecommunication companies to notify Congress should they “elect to change their data retention policies,” saying that one company has already said it would “not commit to holding the data for any period of time under the House-passed bill unless required by law.” |
| He says Congress should know “whether the dots we need to connect have actually been wiped away.” | He says Congress should know “whether the dots we need to connect have actually been wiped away.” |
| Finally he touches on but does not describe the amendment to change the role of a public-interest advocate who would speak before the Fisa court. | Finally he touches on but does not describe the amendment to change the role of a public-interest advocate who would speak before the Fisa court. |
| The Senate has convened to resume debate on the Patriot Act provisions and the USA Freedom Act. | The Senate has convened to resume debate on the Patriot Act provisions and the USA Freedom Act. |
| They recite the pledge of allegiance, and majority leader Mitch McConnell takes the floor. | They recite the pledge of allegiance, and majority leader Mitch McConnell takes the floor. |
| He says that he’s disappointed that surveillance powers have been allowed to lapse this long “when the endgame appeared obivous to all and the need to move forward in a thoughtful but expeditious manner.” | He says that he’s disappointed that surveillance powers have been allowed to lapse this long “when the endgame appeared obivous to all and the need to move forward in a thoughtful but expeditious manner.” |
| “But what’s happened happened and we are where we are.” | “But what’s happened happened and we are where we are.” |
| He starts pitching his pro-surveillance amendments. | He starts pitching his pro-surveillance amendments. |
| “Before scrapping an effective system that has helped protect us from attack, …we should at least work toward securing a modest and … assurance that the new system would work.” | “Before scrapping an effective system that has helped protect us from attack, …we should at least work toward securing a modest and … assurance that the new system would work.” |
| Then however the Senate will take up amendments that have been drafted for the bill, including four by surveillance hawks who want to increase the government’s access to phone records and limit what’s known about the workings of the secret Fisa court that oversees intelligence programs. | Then however the Senate will take up amendments that have been drafted for the bill, including four by surveillance hawks who want to increase the government’s access to phone records and limit what’s known about the workings of the secret Fisa court that oversees intelligence programs. |
| One would keep the Fisa court almost entirely shrouded in its decisions; a second would force telecom companies to tell intelligence agencies about changes in their calls and record-keeping; and a third would make changes to the terms of the public-interest advocate before the Fisa court. | One would keep the Fisa court almost entirely shrouded in its decisions; a second would force telecom companies to tell intelligence agencies about changes in their calls and record-keeping; and a third would make changes to the terms of the public-interest advocate before the Fisa court. |
| While the Senate, led by Mitch McConnell and a Republican majority, likely has the votes to pass at least one of these amendments, the changes face a challenge from both Democrats and Republicans in the House of Representatives. In that chamber a solid bipartisan majority passed the USA Freedom Act as is, and many representatives of both parties are far less hawkish than their colleagues across the hall. | While the Senate, led by Mitch McConnell and a Republican majority, likely has the votes to pass at least one of these amendments, the changes face a challenge from both Democrats and Republicans in the House of Representatives. In that chamber a solid bipartisan majority passed the USA Freedom Act as is, and many representatives of both parties are far less hawkish than their colleagues across the hall. |
| Democrat Ron Wyden and Republican Rand Paul, the senators who’ve pushed hardest for reforms, are not playing defense either. | Democrat Ron Wyden and Republican Rand Paul, the senators who’ve pushed hardest for reforms, are not playing defense either. |
| 9 privacy-minded amendments by @RandPaul & @RonWyden for the USA Freedom Act. pic.twitter.com/5IxHrJig3g | 9 privacy-minded amendments by @RandPaul & @RonWyden for the USA Freedom Act. pic.twitter.com/5IxHrJig3g |
| You can read more about the amendments here. | You can read more about the amendments here. |
| The Senate is scheduled to start debate on the USA Freedom Act at 9.30am ET, and to vote for an end on debate around or before 11am ET. The pertinent question – for readers and senators – is what does the USA Freedom Act do? | The Senate is scheduled to start debate on the USA Freedom Act at 9.30am ET, and to vote for an end on debate around or before 11am ET. The pertinent question – for readers and senators – is what does the USA Freedom Act do? |
| Some civil liberties advocates, senator Rand Paul among them, argue that the bill’s reforms are far too diluted – that the three Patriot Act provisions should be left dead, and that intelligence agencies still have far too much rein to delve into Americans’ private lives. On the other side, hawks have drafted amendments that would bolster surveillance programs. | Some civil liberties advocates, senator Rand Paul among them, argue that the bill’s reforms are far too diluted – that the three Patriot Act provisions should be left dead, and that intelligence agencies still have far too much rein to delve into Americans’ private lives. On the other side, hawks have drafted amendments that would bolster surveillance programs. |
| For a quick rundown of Tuesday’s stakes, my colleague Ben Jacobs (@bencjacobs) has written an FAQ of the status of the Patriot Act and the NSA and FBI’s spying powers, with questions about what parts of the Patriot Act are expected to return and whether the bill ought to pass. | For a quick rundown of Tuesday’s stakes, my colleague Ben Jacobs (@bencjacobs) has written an FAQ of the status of the Patriot Act and the NSA and FBI’s spying powers, with questions about what parts of the Patriot Act are expected to return and whether the bill ought to pass. |
| Most of the Patriot Act – the sweeping and controversial Bush-era anti-terror law – still remains on the books. But Section 215, which allows the FBI to collect business records, like tax, medical and library records, has now expired. | Most of the Patriot Act – the sweeping and controversial Bush-era anti-terror law – still remains on the books. But Section 215, which allows the FBI to collect business records, like tax, medical and library records, has now expired. |
| Also gone are two other authorities for the FBI: the “roving wiretap” provision, which permits surveillance on a target across devices, and the “lone wolf” provision, which permits surveillance on a target believed to be a terrorist but without established connections to a terrorist group (which the FBI has never even used). | Also gone are two other authorities for the FBI: the “roving wiretap” provision, which permits surveillance on a target across devices, and the “lone wolf” provision, which permits surveillance on a target believed to be a terrorist but without established connections to a terrorist group (which the FBI has never even used). |
| Government surveillance programs didn’t totally go dark at midnight on Monday – they just have fewer tools at their disposal. | Government surveillance programs didn’t totally go dark at midnight on Monday – they just have fewer tools at their disposal. |
| Are these provisions of the Patriot Act gone forever? | Are these provisions of the Patriot Act gone forever? |
| Some aspects are – for example, collecting telephone records in bulk – but mostly they’ll come back in the USA Freedom Act, a reform bill that the Senate voted to advance on Sunday night. It passed overwhelmingly in the House, but some critics of surveillance programs – like Republican presidential candidate Rand Paul – think it is too weak. | Some aspects are – for example, collecting telephone records in bulk – but mostly they’ll come back in the USA Freedom Act, a reform bill that the Senate voted to advance on Sunday night. It passed overwhelmingly in the House, but some critics of surveillance programs – like Republican presidential candidate Rand Paul – think it is too weak. |
| Does advancing a bill mean it will pass? | Does advancing a bill mean it will pass? |
| In this case, yes. The Senate’s rules are notoriously complex and the vote last night was “on cloture on the motion to proceed”, which means it sought to limit debate on a motion to actually reconsider the bill. This means the bill jumped through the first of many procedural hurdles in that chamber and is now on a glide path to passage. | In this case, yes. The Senate’s rules are notoriously complex and the vote last night was “on cloture on the motion to proceed”, which means it sought to limit debate on a motion to actually reconsider the bill. This means the bill jumped through the first of many procedural hurdles in that chamber and is now on a glide path to passage. |
| You can read the full FAQ here. | You can read the full FAQ here. |
| Hello and welcome to our coverage of Congress’s vote on the surveillance powers of the NSA and FBI, some of which expired at midnight 1 June for the first time in the post-9/11 era as the Senate failed to resolve its concerns over the programs revealed to the Guardian two years ago by whistleblower Edward Snowden. | Hello and welcome to our coverage of Congress’s vote on the surveillance powers of the NSA and FBI, some of which expired at midnight 1 June for the first time in the post-9/11 era as the Senate failed to resolve its concerns over the programs revealed to the Guardian two years ago by whistleblower Edward Snowden. |
| The Senate will vote before midday ET to end debate on the USA Freedom Act, a bill that would limit some NSA powers and crack the door open on the secret Fisa court that oversees some surveillance programs. | The Senate will vote before midday ET to end debate on the USA Freedom Act, a bill that would limit some NSA powers and crack the door open on the secret Fisa court that oversees some surveillance programs. |
| The vote comes after the lapse on Sunday night of Section 215 of the Patriot Act, which was used by the NSA to collect Americans’ phone records in bulk and which was ruled illegal by a federal appeals court in May. | The vote comes after the lapse on Sunday night of Section 215 of the Patriot Act, which was used by the NSA to collect Americans’ phone records in bulk and which was ruled illegal by a federal appeals court in May. |
| Surveillance hawks, led by Republican majority leader Mitch McConnell, had fought for a temporary renewal of the complete Patriot Act and all its programs, but failed to convince the factions of a divided Senate. | Surveillance hawks, led by Republican majority leader Mitch McConnell, had fought for a temporary renewal of the complete Patriot Act and all its programs, but failed to convince the factions of a divided Senate. |
| Another faction, backed by the White House, supports the USA Freedom Act – which has already been passed by the House of Representatives – as a “reasonable compromise”, and a third, led by senators Rand Paul, a Republican, and Ron Wyden, a Democrat, have urged greater restrictions on the NSA than are currently included in the bill. | Another faction, backed by the White House, supports the USA Freedom Act – which has already been passed by the House of Representatives – as a “reasonable compromise”, and a third, led by senators Rand Paul, a Republican, and Ron Wyden, a Democrat, have urged greater restrictions on the NSA than are currently included in the bill. |
| On Monday, McConnell conceded that a “clean” renewal of the Patriot Act would not pass, and drafted amendments to the USA Freedom Act that he hopes will restore as many surveillance powers as possible. | On Monday, McConnell conceded that a “clean” renewal of the Patriot Act would not pass, and drafted amendments to the USA Freedom Act that he hopes will restore as many surveillance powers as possible. |
| Paul, who forced the expiration of the Patriot Act provisions on Sunday night, is likely to speak for as long as he can and criticize the bill as merely a restructuring of NSA programs. | Paul, who forced the expiration of the Patriot Act provisions on Sunday night, is likely to speak for as long as he can and criticize the bill as merely a restructuring of NSA programs. |
| The Senate is expected to have the 60 votes necessary to end debate, and in the afternoon will vote on amendments to the bill – and finally, possibly, the bill itself. | The Senate is expected to have the 60 votes necessary to end debate, and in the afternoon will vote on amendments to the bill – and finally, possibly, the bill itself. |
| Should any of the amendments pass, the bill will have to return to the House of Representatives, which passed it with bipartisan support last month. | Should any of the amendments pass, the bill will have to return to the House of Representatives, which passed it with bipartisan support last month. |
| In this case the “blackout” of some surveillance programs would continue at least until the House vote. | In this case the “blackout” of some surveillance programs would continue at least until the House vote. |
| We’ll have live coverage throughout the day today. | We’ll have live coverage throughout the day today. |