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Senate ends debate on NSA surveillance powers and USA Freedom Act – live Senate grapples with amendments for NSA powers and USA Freedom Act – live
(35 minutes later)
The Senate has briefly left shop for their lunch break, which should end around 2pm ET.
Leadership for both Republicans and Democrats usually give their weekly press conferences shortly afterward, meaning senators may not be voting again in the chamber until sometime after 2.30pm ET at the earliest.
The Senate must sort through at least four amendments before it takes up the USA Freedom Act itself; should any of those amendments pass, the House of Representatives would have to take a look at the bill again.
Senator John Hoeven expects partisan drama in the amendment votes, although not all Republicans, Rand Paul most prominent among them, support the pro-surveillance votes.
John Hoeven of North Dakota says votes on USA Freedom amendments will come down to whether Democrats "join with" GOP to support them.
Congressman Jim Sensenbrenner, one of the architects of the USA Freedom Act, sees a long road ahead should the Senate pass amendments to the bill.Congressman Jim Sensenbrenner, one of the architects of the USA Freedom Act, sees a long road ahead should the Senate pass amendments to the bill.
The White House and other proponents of the bill have urged the Republican-led Senate to pass it as soon as possible to restore some of the surveillance powers that lapsed at midnight Sunday.The White House and other proponents of the bill have urged the Republican-led Senate to pass it as soon as possible to restore some of the surveillance powers that lapsed at midnight Sunday.
Sensenbrenner predicts on CNN if Senate makes changes to NSA bill, it will "bounce back and forth" between 2 chambersSensenbrenner predicts on CNN if Senate makes changes to NSA bill, it will "bounce back and forth" between 2 chambers
The White House has called for Senate to abandon their amendments and pass the USA Freedom Act in the form approved of by the House of Representatives in May.The White House has called for Senate to abandon their amendments and pass the USA Freedom Act in the form approved of by the House of Representatives in May.
Press secretary Josh Earnest said “Republicans have already already played far too many games with a piece of legislation that’s critical to the national security protections of the United States and the civil liberties of the American people.”Press secretary Josh Earnest said “Republicans have already already played far too many games with a piece of legislation that’s critical to the national security protections of the United States and the civil liberties of the American people.”
“If they will pass that legislation the president will quickly sign it into law,” he said.“If they will pass that legislation the president will quickly sign it into law,” he said.
Asked about the amendments drafted by surveillance hawks, Earnest said “the president would view efforts to water down … as contrary” to his desired changes to the surveillance programs.Asked about the amendments drafted by surveillance hawks, Earnest said “the president would view efforts to water down … as contrary” to his desired changes to the surveillance programs.
“Reforms should be incorporated into these programs to better protect the privacies of the American people,” he said. “The Senate has already done enough to try to spoil.”“Reforms should be incorporated into these programs to better protect the privacies of the American people,” he said. “The Senate has already done enough to try to spoil.”
“The USA Freedom Act is definitely not the last word,” Republican representative Thomas Massie has told Guardian national security editor Spencer Ackerman (@attackerman), as the congressman previews part of a wide-ranging campaign to combat surveillance in its many forms.“The USA Freedom Act is definitely not the last word,” Republican representative Thomas Massie has told Guardian national security editor Spencer Ackerman (@attackerman), as the congressman previews part of a wide-ranging campaign to combat surveillance in its many forms.
While the USA Freedom Act primarily targets the bulk collection of Americans’ phone data, the storage of records, and visibility into the workings of the secret Fisa court. Many other programs of the NSA, FBI and DEA will stay untouched – unless Massie, Rand Paul and their allies can have their way.While the USA Freedom Act primarily targets the bulk collection of Americans’ phone data, the storage of records, and visibility into the workings of the secret Fisa court. Many other programs of the NSA, FBI and DEA will stay untouched – unless Massie, Rand Paul and their allies can have their way.
Some of their plans, summarized:Some of their plans, summarized:
Spencer also spoke with Patrick Eddington of the Cato Institute, a libertarian thinktank. Eddington told him: “House members are sending two clear messages with these amendments to the Department of Justice funding bill. The first is to senators Mitch McConnell and Richard Burr, and the message is: ‘Surveillance law reform is continuing; deal with it.Spencer also spoke with Patrick Eddington of the Cato Institute, a libertarian thinktank. Eddington told him: “House members are sending two clear messages with these amendments to the Department of Justice funding bill. The first is to senators Mitch McConnell and Richard Burr, and the message is: ‘Surveillance law reform is continuing; deal with it.
You can read the full piece here.You can read the full piece here.
While Indiana Republican Dan Coats speaks out in favor of the amendments and against surveillance restrictions, Sabrina Siddiqui reports from inside the Capitol, where senators are holding backroom talks.While Indiana Republican Dan Coats speaks out in favor of the amendments and against surveillance restrictions, Sabrina Siddiqui reports from inside the Capitol, where senators are holding backroom talks.
Senate majority leader Mitch McConnell’s prospects of amending the House bill looked unlikely Tuesday, with lawmakers arguing against meddling with the issue any further and quickly bringing to an end the current lapse in the Patriot Act’s anti-terror provisions.Senate majority leader Mitch McConnell’s prospects of amending the House bill looked unlikely Tuesday, with lawmakers arguing against meddling with the issue any further and quickly bringing to an end the current lapse in the Patriot Act’s anti-terror provisions.
California senator Diane Feinstein, the top Democrat on the intelligence committee, said she would not support any changes at this point.California senator Diane Feinstein, the top Democrat on the intelligence committee, said she would not support any changes at this point.
“I think it should be passed as is if we want to get it back in operation, and I think it’s foremost that this be operable,” Feinstein told The Guardian, adding that she would be open to amending it at a later time. “We could amend it … but we need to get this done now.”“I think it should be passed as is if we want to get it back in operation, and I think it’s foremost that this be operable,” Feinstein told The Guardian, adding that she would be open to amending it at a later time. “We could amend it … but we need to get this done now.”
The Senate has been riven not along party lines but into a strange mix of groups united by their ideas about surveillance and security versus civil liberties and rights. Nevada senator Dean Heller, one of the Republican co-sponsors of the USA Freedom Act, also told reporters that amendments would not help pass the bill.The Senate has been riven not along party lines but into a strange mix of groups united by their ideas about surveillance and security versus civil liberties and rights. Nevada senator Dean Heller, one of the Republican co-sponsors of the USA Freedom Act, also told reporters that amendments would not help pass the bill.
“I don’t want the program to go away, but I think the USA Freedom Act is the correct way to go,” Heller told reporters. “If you amend the kill, you kill the bill.”“I don’t want the program to go away, but I think the USA Freedom Act is the correct way to go,” Heller told reporters. “If you amend the kill, you kill the bill.”
Coats meanwhile is among the McConnell stalwarts who says that even public debate of surveillance programs “compromises” those programs.Coats meanwhile is among the McConnell stalwarts who says that even public debate of surveillance programs “compromises” those programs.
Finally, Burr also invokes 9/11, as have each of the Republicans who have taken the floor. He presents the world as a incredibly dangerous place, full of terrorists that intelligence agencies can stymie with surveillance toolsFinally, Burr also invokes 9/11, as have each of the Republicans who have taken the floor. He presents the world as a incredibly dangerous place, full of terrorists that intelligence agencies can stymie with surveillance tools
“I also never envisioned an event as horrific as 9/11. I never envisioned an enemy as brutal as Isil or al-Qaida or the Houthis. I could go on I could go on. What’s changed since 9/11? In 9/11 we had one terrorist organization that had America in its crosshairs. Today we have tens or twenties.“I also never envisioned an event as horrific as 9/11. I never envisioned an enemy as brutal as Isil or al-Qaida or the Houthis. I could go on I could go on. What’s changed since 9/11? In 9/11 we had one terrorist organization that had America in its crosshairs. Today we have tens or twenties.
“The threat hasn’t gotten less it’s gotten more. And today we’re on the floor talking about talking away some of the tools that have been effective.“The threat hasn’t gotten less it’s gotten more. And today we’re on the floor talking about talking away some of the tools that have been effective.
“I would say to my colleagues show some reason. Extend the six months … Make sure that the telephone companies are ready.“I would say to my colleagues show some reason. Extend the six months … Make sure that the telephone companies are ready.
“The terrorists aren’t going away. America is still their target. No matter what we say on this floor we’re still in the crosshairs of their terrorist acts.”“The terrorists aren’t going away. America is still their target. No matter what we say on this floor we’re still in the crosshairs of their terrorist acts.”
He’s followed by Republican John Thune, who says that there have been no documented abuses of surveillance powers. Neither he nor Burr mentioned that the bulk collection programs were of disputed value to terrorism investigations, or that in at least one instance an NSA employee was found to have abused surveillance toolsHe’s followed by Republican John Thune, who says that there have been no documented abuses of surveillance powers. Neither he nor Burr mentioned that the bulk collection programs were of disputed value to terrorism investigations, or that in at least one instance an NSA employee was found to have abused surveillance tools
Republican Richard Burr is now speaking in defense of the Fisa court’s secret operations.Republican Richard Burr is now speaking in defense of the Fisa court’s secret operations.
“It was not a public program until Edward Snowden – a traitor to the United States – this was one small piece and Edward Snowden put the lives of Americans and foreigners at risk for what he released. You can’t put the genie back in the bottle.”“It was not a public program until Edward Snowden – a traitor to the United States – this was one small piece and Edward Snowden put the lives of Americans and foreigners at risk for what he released. You can’t put the genie back in the bottle.”
Throughout his speech Burr periodically makes the mistake of calling Snowden “Eric”.Throughout his speech Burr periodically makes the mistake of calling Snowden “Eric”.
“Yes, the Fisa court operates in secret. Why? It’s the same reason as the Senate sometimes closes the door, turns off the cameras,” he says, justifying the secrecy by way of what he describes as a governmental right to hide informations. “Could it be open? Sure, but then it would expose top secret documents.”“Yes, the Fisa court operates in secret. Why? It’s the same reason as the Senate sometimes closes the door, turns off the cameras,” he says, justifying the secrecy by way of what he describes as a governmental right to hide informations. “Could it be open? Sure, but then it would expose top secret documents.”
He then praises the Fisa court judges.He then praises the Fisa court judges.
“There is a Fisa judge on the bench 24/7, 365 days of the year. These are the best of the best of the judicial system around the United States picked by the chief justice of the supreme court.”“There is a Fisa judge on the bench 24/7, 365 days of the year. These are the best of the best of the judicial system around the United States picked by the chief justice of the supreme court.”
“The people that serve on the bench are heroes because the hear the toughest case.”“The people that serve on the bench are heroes because the hear the toughest case.”
Burr argues that the metadata is anodyne and only ever used when a foreign telephone number is involved that is “known” to be that of a “foreign terrorist”. He says that in his opinion the NSA has not breached anyone’s privacy, and that privacy concerns are overblown because of how hard it is to obtain a name through the current system.Burr argues that the metadata is anodyne and only ever used when a foreign telephone number is involved that is “known” to be that of a “foreign terrorist”. He says that in his opinion the NSA has not breached anyone’s privacy, and that privacy concerns are overblown because of how hard it is to obtain a name through the current system.
He goes so far as to say that advocates for a more open government have actually damaged national security interests.He goes so far as to say that advocates for a more open government have actually damaged national security interests.
“We’ve done more in the last month to destroy the capacity of this program because of the debate we’ve had. There’s not a terrorist in the world that doesn’t understand that using a phone or a landline is probably a bad thing. … If anything maybe we should’ve had this debate in secret. [To have it in the open] it makes us less safe.”“We’ve done more in the last month to destroy the capacity of this program because of the debate we’ve had. There’s not a terrorist in the world that doesn’t understand that using a phone or a landline is probably a bad thing. … If anything maybe we should’ve had this debate in secret. [To have it in the open] it makes us less safe.”
Senator Bernie Sanders, one of three Democrats running for president, has said he will vote against the USA Freedom Act, saying it does not do enough to restrict surveillance programs.Senator Bernie Sanders, one of three Democrats running for president, has said he will vote against the USA Freedom Act, saying it does not do enough to restrict surveillance programs.
“We must keep our country safe and protect ourselves from terrorists,” Sanders said in a statement, “but we can do that without undermining the constitutional and privacy rights which make us a free nation. This bill is an improvement over the USA Patriot Act but there are still too many opportunities for the government to collect information on innocent people.”“We must keep our country safe and protect ourselves from terrorists,” Sanders said in a statement, “but we can do that without undermining the constitutional and privacy rights which make us a free nation. This bill is an improvement over the USA Patriot Act but there are still too many opportunities for the government to collect information on innocent people.”
“This is not just the government. It’s corporate America too,” he said. “Technology has significantly outpaced public policy. There is a huge amount of information being collected on our individual lives ranging from where we go to the books we buy and the magazines we read. We need to have a discussion about that.”“This is not just the government. It’s corporate America too,” he said. “Technology has significantly outpaced public policy. There is a huge amount of information being collected on our individual lives ranging from where we go to the books we buy and the magazines we read. We need to have a discussion about that.”
Senator Rand Paul, one of the many Republicans running for a 2016 nomination, told reporters earlier today that he’s “about done” with trying to block passage of the bill. Like Sanders he believes the bill still gives too much leeway for intelligence agencies to search through Americans’ data.Senator Rand Paul, one of the many Republicans running for a 2016 nomination, told reporters earlier today that he’s “about done” with trying to block passage of the bill. Like Sanders he believes the bill still gives too much leeway for intelligence agencies to search through Americans’ data.
My colleague Sabrina Siddiqui is reporting from the Capitol, where one of the reform bill’s sponsors suggests that the House will not prove amenable to any modifications.My colleague Sabrina Siddiqui is reporting from the Capitol, where one of the reform bill’s sponsors suggests that the House will not prove amenable to any modifications.
Dean Heller, co-sponsor of USA Freedom Act, opposing McConnell's amendments: "If you amend the bill, you kill the bill."Dean Heller, co-sponsor of USA Freedom Act, opposing McConnell's amendments: "If you amend the bill, you kill the bill."
Democrat Richard Blumenthal is now at the podium. He also speaks out against the amendments that target the Fisa court reforms.Democrat Richard Blumenthal is now at the podium. He also speaks out against the amendments that target the Fisa court reforms.
He has said that an amicus should not be appointed in effect to interveneHe has said that an amicus should not be appointed in effect to intervene
The Fisa court “is not a grand jury”. “The Fisa court makes law. It interprets the law in ways that are binding as legal precedents, far from being like a grand jury as a purely investigative tool of the court. The Fisa court is a court.The Fisa court “is not a grand jury”. “The Fisa court makes law. It interprets the law in ways that are binding as legal precedents, far from being like a grand jury as a purely investigative tool of the court. The Fisa court is a court.
“To keep that law secret is to do a disservice to the American people. To have only one side represented skews and in one side even impedes the court because we know that judges make better decisions when they hear from more sides.”“To keep that law secret is to do a disservice to the American people. To have only one side represented skews and in one side even impedes the court because we know that judges make better decisions when they hear from more sides.”
Blumenthal also points out that under the bill, the Fisa court judges don’t even have to listen to an amicus unless they choose to, and can limit the amicus (the public-interests advocate) howsoever it deems.Blumenthal also points out that under the bill, the Fisa court judges don’t even have to listen to an amicus unless they choose to, and can limit the amicus (the public-interests advocate) howsoever it deems.
He then adds that the amicus’ purpose is not necessarily to oppose the court, but simply “to enlighten the court … to be the best that it can be in interpreting” law.He then adds that the amicus’ purpose is not necessarily to oppose the court, but simply “to enlighten the court … to be the best that it can be in interpreting” law.
Leahy picks up the mic again and talks about the USA Freedom Act’s modest reforms of the Fisa court, namely that it brings in an advocate to argue for civil liberties of Americans rather than the status quo, in which the federal judges on the court only hear the argument from the government.Leahy picks up the mic again and talks about the USA Freedom Act’s modest reforms of the Fisa court, namely that it brings in an advocate to argue for civil liberties of Americans rather than the status quo, in which the federal judges on the court only hear the argument from the government.
“I do not want this administration or any other administration to have the ability to just go anywhere they want. I’m not encouraged by those who say this is so carefully maintained.”“I do not want this administration or any other administration to have the ability to just go anywhere they want. I’m not encouraged by those who say this is so carefully maintained.”
He cites Snowden to repudiate Republican claims that only a few, highly vetted people have access to the enormous data troves of the NSA, saying “I guess it’s one less” now that the “28-year-old subcontractor” is no longer working in the bowels of the NSA.He cites Snowden to repudiate Republican claims that only a few, highly vetted people have access to the enormous data troves of the NSA, saying “I guess it’s one less” now that the “28-year-old subcontractor” is no longer working in the bowels of the NSA.
Leahy also rejects the argument that intelligence agencies did not have the tools to prevent the September 11 attacks, noting that they had information but either ignored tips or was slow in analyzing or registering that information before the attacks.Leahy also rejects the argument that intelligence agencies did not have the tools to prevent the September 11 attacks, noting that they had information but either ignored tips or was slow in analyzing or registering that information before the attacks.
The post-9/11 programs “didn’t make us safer. Anymore than when we voted two to three trillion dollars to go into Iraq,” he continues, before Democrat Ron Wyden picks up the mic and starts to go off into the differences between “secret law” and “secret operations”The post-9/11 programs “didn’t make us safer. Anymore than when we voted two to three trillion dollars to go into Iraq,” he continues, before Democrat Ron Wyden picks up the mic and starts to go off into the differences between “secret law” and “secret operations”
Wyden says he fully supports that “secret operations remain secret because otherwise Americans are gonna die.”Wyden says he fully supports that “secret operations remain secret because otherwise Americans are gonna die.”
“But the law always ought to be public,” he says, adding that Mitch McConnell’s amendments are intended “to scale back your very constructive reforms on the Fisa court. And my sense is what the majority leader’s approach would do would be to take us back to the days of secret law. I tihnk that is a mistake.”“But the law always ought to be public,” he says, adding that Mitch McConnell’s amendments are intended “to scale back your very constructive reforms on the Fisa court. And my sense is what the majority leader’s approach would do would be to take us back to the days of secret law. I tihnk that is a mistake.”
“The majority leader wasn’t able to defeat surveillance reform so instead he has chosen to introduce some amendments to water it down.”“The majority leader wasn’t able to defeat surveillance reform so instead he has chosen to introduce some amendments to water it down.”
Vermont Democrat Patrick Leahy says he knows all Americans want to preserve their safety, but they also want to “stay free”.Vermont Democrat Patrick Leahy says he knows all Americans want to preserve their safety, but they also want to “stay free”.
He compares the NSA surveillance powers to the ability of law enforcement officers being able to enter a citizen’s house at any hour of any day, and for those officers to be able to rifle through Americans’ files and possessions at will.He compares the NSA surveillance powers to the ability of law enforcement officers being able to enter a citizen’s house at any hour of any day, and for those officers to be able to rifle through Americans’ files and possessions at will.
Leahy then says that in the aftermath of 9/11 it seems that Congress allowed law enforcement the right to do just that. It was for this fear that the “sunset” provisions of surveillance bills were included, he says, and to encourage debate over the years about renewing the programs.Leahy then says that in the aftermath of 9/11 it seems that Congress allowed law enforcement the right to do just that. It was for this fear that the “sunset” provisions of surveillance bills were included, he says, and to encourage debate over the years about renewing the programs.
“We know for years the secret Fisa court frequently misinterpreted Section 215,” Leahy says. Before the program leaked to the public, the judges “only heard the government” in arguments.“We know for years the secret Fisa court frequently misinterpreted Section 215,” Leahy says. Before the program leaked to the public, the judges “only heard the government” in arguments.
“Once the leak of this program became public, challenges brought and the second circuit [federal appeals court] ruled unanimously that the program was unlawful. Having an amicus in there is not having the grand jury in the room at all.”“Once the leak of this program became public, challenges brought and the second circuit [federal appeals court] ruled unanimously that the program was unlawful. Having an amicus in there is not having the grand jury in the room at all.”
Cornyn is now trying to argue that the Senate should not just accept the House version of the USA Freedom Act, saying that he’s confident the House will approve of its pro-surveillance amendments.Cornyn is now trying to argue that the Senate should not just accept the House version of the USA Freedom Act, saying that he’s confident the House will approve of its pro-surveillance amendments.
“The Senate should not be a rubber stamp for the House or vice versa,” he says. “No American wants to look back on our hasty treatment of this legislation [based on] some misrepresentation of the facts, [and to think] we could’ve actually prevented a terrorist attack on our home soil.”“The Senate should not be a rubber stamp for the House or vice versa,” he says. “No American wants to look back on our hasty treatment of this legislation [based on] some misrepresentation of the facts, [and to think] we could’ve actually prevented a terrorist attack on our home soil.”
“Unfortunately by increasing a risk to the American people as I believe this underlying legislation will do, we may find that’s not the case.”“Unfortunately by increasing a risk to the American people as I believe this underlying legislation will do, we may find that’s not the case.”
Republican senator John Cornyn, the majority whip, says he’s baffled “why we are trying to fix a system that is not broken because there is absolutely no documented abuse.”Republican senator John Cornyn, the majority whip, says he’s baffled “why we are trying to fix a system that is not broken because there is absolutely no documented abuse.”
“There has been so much misrepresentation about what this so-called metadata program has done I think that’s one of the reasons we find ourselves here today.”“There has been so much misrepresentation about what this so-called metadata program has done I think that’s one of the reasons we find ourselves here today.”
He says that “oversight of these programs is absolutely rigorous, it’s executive, legislative and judicial. It’s not a matter of trust … it’s actually verified on a regular basis,” by the federal judges of the Fisa court.He says that “oversight of these programs is absolutely rigorous, it’s executive, legislative and judicial. It’s not a matter of trust … it’s actually verified on a regular basis,” by the federal judges of the Fisa court.
Cornyn repeats the sales pitch for Mitch McConnell’s four amendments to the USA Freedom Act. One would “slow the transition from NSA storage to the telephone companies stewardship from the six months prescribed in the underlying bill.”Cornyn repeats the sales pitch for Mitch McConnell’s four amendments to the USA Freedom Act. One would “slow the transition from NSA storage to the telephone companies stewardship from the six months prescribed in the underlying bill.”
He also criticizes the public-interest advocate who would be able to speak before the Fisa court, saying “inserts an adversarial presence at the early stage of the investigation”.He also criticizes the public-interest advocate who would be able to speak before the Fisa court, saying “inserts an adversarial presence at the early stage of the investigation”.
Like Susan Collins, he says that data is far more susceptible to abuse in the hands of private-sector telecom employees rather than in the hands of intelligence agency officials.Like Susan Collins, he says that data is far more susceptible to abuse in the hands of private-sector telecom employees rather than in the hands of intelligence agency officials.
And like Collins and McConnell, he invokes 9/11: “many people have simply forgotten or they don’t believe that [terrorism is] an imminent threat.”And like Collins and McConnell, he invokes 9/11: “many people have simply forgotten or they don’t believe that [terrorism is] an imminent threat.”
“Unfortunately you have a traitor, Edward Snowden, who leaked selective portions of these programs and created an uproar,” Cornyn says. “I believe America is at greater risk and that is a terrible shame.”“Unfortunately you have a traitor, Edward Snowden, who leaked selective portions of these programs and created an uproar,” Cornyn says. “I believe America is at greater risk and that is a terrible shame.”
Democratic Dianne Feinstein, a leader of the Senate intelligence committee and in general a staunch defender of the NSA and its programs, has said she will oppose the amendments brought forward by Republican Mitch McConnell.Democratic Dianne Feinstein, a leader of the Senate intelligence committee and in general a staunch defender of the NSA and its programs, has said she will oppose the amendments brought forward by Republican Mitch McConnell.
She wants the bill to pass as the House of Representatives approved it, and for the president to sign it into a law and restore lapsed surveillance powers.She wants the bill to pass as the House of Representatives approved it, and for the president to sign it into a law and restore lapsed surveillance powers.
Feinstein says she will oppose McConnell's amendments to USA Freedom Act, Senate should pass bill as is.Feinstein says she will oppose McConnell's amendments to USA Freedom Act, Senate should pass bill as is.
The vote to secure cloture passed easily, as expected, with a final tally of 83 to 14.The vote to secure cloture passed easily, as expected, with a final tally of 83 to 14.
Republican senators Rand Paul and Marco Rubio were among those who voted against cloture.Republican senators Rand Paul and Marco Rubio were among those who voted against cloture.
Slightly more exciting/quick was this lightning striking on the US Capitol on Monday night, as captured by a camera of the Senate’s sergeant at arms.Slightly more exciting/quick was this lightning striking on the US Capitol on Monday night, as captured by a camera of the Senate’s sergeant at arms.
#ICYMI: Our CapCam caught this shot of lighting over the #Captiol during last night's storms. http://t.co/VIxcQbP9Ew pic.twitter.com/5yTMXuT1YB#ICYMI: Our CapCam caught this shot of lighting over the #Captiol during last night's storms. http://t.co/VIxcQbP9Ew pic.twitter.com/5yTMXuT1YB
The Senate has achieved the 60 votes necessary for cloture – an end to debate on the USA Freedom Act.The Senate has achieved the 60 votes necessary for cloture – an end to debate on the USA Freedom Act.
The senators will next consider the various amendments to the bill, some of which strengthen surveillance reforms and restrictions, some of which bolster intelligence agencies.The senators will next consider the various amendments to the bill, some of which strengthen surveillance reforms and restrictions, some of which bolster intelligence agencies.
Fifty-five to four in favor of cloture, a mere five votes from securing a vote this afternoon on the USA Freedom Act, with or without amendments.Fifty-five to four in favor of cloture, a mere five votes from securing a vote this afternoon on the USA Freedom Act, with or without amendments.
Forty to three in favor of cloture, on course to end debate as expected.Forty to three in favor of cloture, on course to end debate as expected.
Senators are milling about chatting, and one appears to be nodding off in his seat. The tension is not what would be described as palpable.Senators are milling about chatting, and one appears to be nodding off in his seat. The tension is not what would be described as palpable.
Thirty to three in favor of ending debate, halfway to ending debate on the USA Freedom Act.Thirty to three in favor of ending debate, halfway to ending debate on the USA Freedom Act.
The vote stands at 20 Yes to 1 No to end debate, a third of the way to cloture.The vote stands at 20 Yes to 1 No to end debate, a third of the way to cloture.
So far only Susan Collins has voted in the negative.So far only Susan Collins has voted in the negative.
The Senate is now calling roll for a cloture vote – a vote to end debate on the USA Freedom Bill, more than a day after Section 215 of the Patriot Act expired at 12.01am on 1 June.The Senate is now calling roll for a cloture vote – a vote to end debate on the USA Freedom Bill, more than a day after Section 215 of the Patriot Act expired at 12.01am on 1 June.
Sixty senators must vote yea to achieve cloture. If they do so the Senate will have a final vote on the bill sometime Tuesday afternoon, after votes on amendments.Sixty senators must vote yea to achieve cloture. If they do so the Senate will have a final vote on the bill sometime Tuesday afternoon, after votes on amendments.
Two Democratic senators step up in favor of the USA Freedom Act: Vermont’s Patrick Leahy and Utah’s Mike Lee.Two Democratic senators step up in favor of the USA Freedom Act: Vermont’s Patrick Leahy and Utah’s Mike Lee.
Leahy says the bill will “protect the privacy of individuals”, although he concedes to Collins that databases must be strongly protected by the government. He throws in an aside however that protections were “not strong enough of course to stop Edward Snowden from walking off with all the information that was there.”Leahy says the bill will “protect the privacy of individuals”, although he concedes to Collins that databases must be strongly protected by the government. He throws in an aside however that protections were “not strong enough of course to stop Edward Snowden from walking off with all the information that was there.”
Lee says that Americans “understand intuitively that it’s not of the government’s business who they’re calling, how long it lasts,” and so on.Lee says that Americans “understand intuitively that it’s not of the government’s business who they’re calling, how long it lasts,” and so on.
“This type of calling data, not anything having to do with recorded conversations, reveals a lot about an individual: his political preferences, religious views, marital status, children – all kinds of interests that are none of the government’s business.”“This type of calling data, not anything having to do with recorded conversations, reveals a lot about an individual: his political preferences, religious views, marital status, children – all kinds of interests that are none of the government’s business.”
“Our privacy is in fact part of our security,” he concludes, urging his colleagues to vote in favor of the bill.“Our privacy is in fact part of our security,” he concludes, urging his colleagues to vote in favor of the bill.
Republican senator Susan Collins has taken the podium, giving a full-throated defense of the surveillance programs of the NSA and other intelligence programs.Republican senator Susan Collins has taken the podium, giving a full-throated defense of the surveillance programs of the NSA and other intelligence programs.
She says the intention of the Patriot Act was “to reduce the possibility of the dots not all being connected.”She says the intention of the Patriot Act was “to reduce the possibility of the dots not all being connected.”
“Our law, the intelligence reform and protection act, shared the common goal of the Patriot Act of better protecting our nation from terrorist attacks.”“Our law, the intelligence reform and protection act, shared the common goal of the Patriot Act of better protecting our nation from terrorist attacks.”
She invokes September 11, as Mitch McConnell did, saying that it could have been prevented by greater surveillance abilities: “our nation failed to use the tools and capabilities that it had to prevent terrorist attacks.”She invokes September 11, as Mitch McConnell did, saying that it could have been prevented by greater surveillance abilities: “our nation failed to use the tools and capabilities that it had to prevent terrorist attacks.”
“We’ve had terrorist attacks since that time. the Boston marathon is an example of a terrorist attack that occurred despite our best efforts, but we have been able to thwart and uncover and detect and stop terrorist attacks both here and abroad due to the important tools and capabilities that our government has.”“We’ve had terrorist attacks since that time. the Boston marathon is an example of a terrorist attack that occurred despite our best efforts, but we have been able to thwart and uncover and detect and stop terrorist attacks both here and abroad due to the important tools and capabilities that our government has.”
She rails against the USA Freedom act as a bill that “substantially weakens a vital tool in our counterterrorism efforts at a time when other terrorist threat has never been higher.”She rails against the USA Freedom act as a bill that “substantially weakens a vital tool in our counterterrorism efforts at a time when other terrorist threat has never been higher.”
She says she “will support the amendments today to try to make modest improvements in the House bill I simply cannot support the bill in final passage”.She says she “will support the amendments today to try to make modest improvements in the House bill I simply cannot support the bill in final passage”.
Collins says she’s “perplexed” about why people think the NSA can listen to phone calls or read emails, saying there must be “a court order because you are directly communicating with an overseas terrorist”.Collins says she’s “perplexed” about why people think the NSA can listen to phone calls or read emails, saying there must be “a court order because you are directly communicating with an overseas terrorist”.
She argues that metadata is essentially harmless, but is at the same time vehement that intelligence agencies need it. She also says it has helped foil terrorist plots, although reviews have found that the bulk collection program has had little effect on investigations.She argues that metadata is essentially harmless, but is at the same time vehement that intelligence agencies need it. She also says it has helped foil terrorist plots, although reviews have found that the bulk collection program has had little effect on investigations.
But “it is a false choice that we have to choose between our civil liberties and keeping our country safe,” she says. She describes the USA Freedom Act as “demagoguery” that will expose data to hackers who can breach the databases of private telecom companies.But “it is a false choice that we have to choose between our civil liberties and keeping our country safe,” she says. She describes the USA Freedom Act as “demagoguery” that will expose data to hackers who can breach the databases of private telecom companies.
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 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 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 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”.“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.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.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.”“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.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.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: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/5IxHrJig3g9 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.