Slashdot Mirror


Senate Fails To Reauthorize Patriot Act Provisions

PostConsumerRecycled writes "CNN is reporting that 'The Senate on Friday rejected attempts to reauthorize several provisions of the USA Patriot Act as infringing too much on Americans' privacy and liberty, dealing a huge defeat to the Bush administration and Republican leaders ... If a compromise is not reached, the 16 Patriot Act provisions expire on December 31.' The story also links to listing of the provisions that will expire."

19 of 538 comments (clear)

  1. Re:We don't deserve to win by jasongetsdown · · Score: 2, Informative

    Law enforcement has never needed the kind of powers the Patriot Act provides in the past. Its especially hard to justify when you consider the information the CIA had prior to 9/11. It was not a case of not enough information, it was a failure to act. the Patriot Act is a solution for the wrong problem. The restructuring of the intelligence organizations was the correct solution. The P.A. was a mad grab for power in the wake of disaster.

    --
    useless sig advice - Read Nabokov.
  2. Feingold fillibustered it by jfern · · Score: 3, Informative

    It would have passed without a fillibuster, but the fillibuster was sustained with 52 votes against (60 are needed to end a fillibuster). Democratic Senator Russ Feingold of Wisconsin led the fillibuster.

  3. Re:*sigh* done with filibuster threats by geminidomino · · Score: 2, Informative

    They impede the government's ability to do the work it's intended for.

    Funny, I thought part of thier job was protecting us from our own government's abuse ("Checks and Balances", it's called) as well as fundamentalist nutjobs.

    If you call life under new patriot act a "Free society" you are either trying WAY to hard for a +1 funny, or you are out of your bleeding mind.

  4. Re:A light in the darkness. by bigg_nate · · Score: 2, Informative
    Fortunately, it looks like most of the Senate (including a few noteworthy Republicans who crossed the aisle on this one) have a slightly higher regard for the Constitution of the Unites States.

    Not most -- a majority voted to end the filibuster, but they fell short of the required 60%.

  5. link to patriot act by GeekyMike · · Score: 2, Informative

    Patriot act big PDF warning. I am happy that our government is actually trying to restore our rights. First they let the assault weapon ban drop, now they let the patriot act die. I know it is early, but this may be a step in the right direction. Hopefully we can continue to elect out the lawmakers who would lie and steal their voter's rights. IMHO moving away from the 2 party system would be another step in the right direction, but I will take what I can get.

    --
    Beware the fury of a patient man
    - John Dryden
  6. Re:Flip flop Frist by cmd · · Score: 2, Informative

    From the NYT article:

    Mr. Frist also voted "no" in the end, but in a purely parliamentary maneuver to allow him to try to bring up the bill again. Thus, the Patriot Act was actually seven votes short of the 60 needed to end debate today.

    Air America is the mirror image of Fox News; don't believe anything either says without checking it out first.

  7. Here's the reference to Bush's remark by billstewart · · Score: 4, Informative
    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:Here's the reference to Bush's remark by Adult+film+producer · · Score: 4, Informative

      I'll add two links to continue your post. The first one is Doug Thompson's rebuttal to all the people that read the story and went ape-shit for him printing it.

      http://www.capitolhillblue.com/artman/publish/arti cle_7787.shtml

      The second post is a follow-up to the follow-up that he wrote,

      http://www.capitolhillblue.com/artman/publish/arti cle_7797.shtml

  8. Re:*sigh* done with filibuster threats by Amiga+Trombone · · Score: 2, Informative

    It's frusterating for me to watch this sort of shit. Paranoids are making life less safe for us all, and why? Fear of the government seeing which mp3s and videos you've downloaded from kazaa? Please. This is -- was -- used to target terrorists.

    Horseshit. The main use of the "Sneak and Peak" provision was for drug investigations.

    Whatever you think of the drug laws, peddling dope is not a terrorist activity.

  9. Re:Bad title of story by cmd · · Score: 2, Informative

    Actually, it should be something like:

    Congress fails to vote on extending PATRIOT Act, allowing some provisions to expire.

  10. Re:We don't deserve to win by stinerman · · Score: 3, Informative

    Yeah, a warrant signed by the FISC, which has never refused to sign off on a single warrant in its history. Read the article and tell me that the FISC is an independent court.

  11. Re:Russ for President in 2008 by whovian · · Score: 5, Informative
    Russ for President in 2008

    Sorry you got modded a troll.

    What the moderator probably didn't know is just how instrumental Senator Russ Feingold was in rallying fellow senators' support. Here is the text to his speech:

    Statement of U.S. Senator Russ Feingold
    Remarks as the Senate Considers Ending Debate on Reauthorization of the USA PATRTIOT Act

    As Prepared

    December 16, 2005

    Mr. President, on Wednesday evening, I laid out in detail my concerns about the Patriot Act reauthorization bill that we are now considering on the floor. In its current form, I cannot support the conference report, and I cannot consent to limit debate on it. The leaders of this Congress need to figure out a way to change this report to address the important civil liberties issues that I and other Senators from both sides of the aisle have discussed over the past three days.

    This morning we saw an astounding story in the New York Times. Since 2002, the government has been reportedly wiretapping the international phone and email conversations of hundreds, even thousands of people inside the United States, without wiretap orders. You want to talk about abuses? I can't imagine a more shocking example of an abuse of power, to eavesdrop on American citizens without first getting a court order based on some evidence that they are possibly criminals, terrorists or spies. Mr. President, it is truly astonishing to read that this Administration would go this far beyond the bounds of the statutes and the Constitution. We as an institution have the duty, the obligation, to get to the bottom of this.

    I hope that this morning's revelation drives home to people that this body must be absolutely vigilant in our oversight of government power. And I don't want to hear again from the Attorney General or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care. This shocking revelation ought to send a chill down the spine of every Senator and every American.

    With that in mind, let me review my main concerns about this conference report.

    First, section 215. Remember, this is the section where Attorney General Ashcroft once said that librarians concerned about the privacy rights of their patrons were "hysterical." But then the current Attorney General conceded at his nomination hearing in the Senate Judiciary that some changes would be justified. Unfortunately, the Administration was not willing to make real changes to the provision to protect the rights and freedoms of innocent Americans.

    The other night, I described in detail the evolution of this provision through the legislative process. The bottom line is this - the Senate bill had a three prong test requiring some connection between the records sought and a person suspected of being a terrorist or spy. The conference report abandoned that connection and instead relies on a standard of relevance to an intelligence investigation. That is pretty much an "anything goes" standard that fails to protect the records of law-abiding Americans. There is no requirement in this conference report that will prevent government fishing expeditions. Read the provision and it is as plain as day. The three prong test has been turned into three examples of relevance. They are not protections at all against government overreaching.

    The provisions of the bill relating to National Security Letters are also seriously deficient. There is no requirement that the records sought under that authority, which doesn't involve a court at all, have some connection to a suspected terrorist or spy. The judicial review that the conference report allows after the fact, of the NSL itself and the mandatory gag order, is a mirage. After what the Times reported this morning, no one in this body should be comfortable with the government having this kind of unreviewable power.

    Finally, there is the issue of so-called sneak and peek searches, when the government secretly e

    --
    To-do List: Receive telemarketing call during a tornado warning. Check.
  12. Re:A light in the darkness. by isotope23 · · Score: 4, Informative

    It would be nice, for a change, to hear of some specific examples of how the government has used its powers beyond the reasonable scope of national security.

    How about this

    "Some NSA officials were so concerned about the legality of the program that they refused to participate, the Times said. Questions about the legality of the program led the administration to temporarily suspend it last year and impose new restrictions."

    When even people inside the NSA question its legality I'd say it's pretty clear it has crossed the line.

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  13. Re:It's Too Bad...I can't see straight. by drooling-dog · · Score: 4, Informative
    I don't think they made it happen, but it's just possible that they let it happen, perhaps not realizing the full scale of what "it" would be. Anything more than that is just expecting too much evil from too many people, each knowing that they could be facing a death sentence if the cat got out of the bag.

    But it's still a little spooky that (if I remember correctly) the "New American Century" document that anticipated Bush's Iraq policy included an observation that a catastrophe "on the order of Pearl Harbor" might be necessary to win public support for a prolonged war in the Middle East. Many of the authors of that 1990s paper later played (and still play) key roles in the Bush administration.

  14. Re:Re-frame the debate by Bladestorm · · Score: 3, Informative

    While flipping through some TV channels, I was unfortunate enough to catch a few moments of a smirking politician rambling on about freedom and liberty. What a tragic comedy. The fact politicians still have a market to spew their crap is a testament to the lack of thought of the average viewer of such pretended "news" programs.

    A few minutes of thought and any literate person of any degree of intelligence would dismiss politicians as con men. However, has any "journalist" on television, radio or in print ever confronted a politician by asking him exactly what he means by freedom? Can you imagine the look on a bureaucrat's face if he was asked to define freedom or liberty?

    I'm going to demonstrate how easy it is to prove government is incompatible with freedom or the protection of freedom.

    I'll define the word freedom. And so I'm not accused of being biased, I'll use only "legal" definitions: "Liberty; absence of restraint." Ballentine's Law Dictionary, page 499. Look at the last word, "restraint." Liberty is "Absence of servitude and restraint." Ballentine's Law Dictionary, page 734. And "free" means: "Without restraint or coercion..." Ballentine's Law Dictionary, page 498.

    Now let's define what governments do, viz., they govern:

    "To direct and control; to regulate; to influence; to restrain; to manage." Ballentine's Law Dictionary, page 530.

    It's correct to say freedom is "Liberty; [an] absence of" government. If there's government, there's "restraint" and therefore, no freedom. By definition, and in practice, government is anti-freedom. Keep in mind any slave had the freedom to do what his master ordered or allowed him to do; he was none the less a slave.

    I know, statists (with not a shred of evidence of course) will shout government is there for protection and they're the only men and women who can. That's nonsense, as everyone with even the slightest knowledge of government should already know. There is no duty to protect anyone. And any lawyer claiming otherwise is either lying or was asleep during that part of law school. Like I say; if you doubt me, then sue the police or the "state" for failing to protect you. A team of "state" lawyers will file a motion for a failure to state a claim.

    Statists argue there has to be political "laws" i.e., "restraint." Fine, then explain exactly how politicians protect freedom. Accepting such nonsense for sake of argument, statists argue themselves right out of business because it cannot be said, with a straight face, that "states" are protecting freedom and liberty because freedom and liberty do not exist when there is "restraint [and] coercion." The "restraint [and] coercion" is another reason there is no duty to protect anyone.

    Statists also support the use of violence to provide and pay for a service. Statists believe it's OK to kill people to make them pay for a service that's never provided. If you doubt this, then refuse to pay taxes. A good one to not pay, if you want to demonstrate a politician's intent to kill, is the vehicle license tax. Go ahead and drive around without a tax plate on your car. See what happens when you peacefully continue to drive when the local revenue cutter puts his emergency lights on.

    When NORMAL men and women provide services, even the service of protecting freedom, they do not exercise "restraint or coercion" in providing their services to their customers, thereby destroying freedom. They would not only offer their services on a mutually voluntary basis, they would not restrain us of our freedom in order to protect it i.e., they would not take away that which they want to protect.

    By definition the protection of freedom cannot involve "restraint or coercion". And yet, this describes exactly how men and women doing business as a government operate. They coerce us to pay them for protection they have no obligation or intention of providing and they restrain us in millions of ways; restraint that clearly has nothing to do with protection. These smirking politicians destro

  15. Slightly OT, but... by Anonymous Coward · · Score: 1, Informative

    For many reading this thread, I suspect that the post 9/11 environment, and concerns about government over-reach are largely academic or driven by ideology (mind you, I'm not saying this is a bad thiing, really). For me, they're a bit more real.

    I was interviewed by the FBI in October 2001, as part of the 9/11 investigation for several hours by Special Agents of the FBI. While they never came out and told me why they wanted to talk to me, they were particularly interested in my general aviation flying. It appears that my "crime" was having a funny name (I'm of South Asian descent) and having a student pilot's license. The FBI did know quite a bit about me, such as what videotapes and such I'd purchased from "Sporty's Pilot Shop" and other similar items.

    At the time, I didn't really mind the questioning - I felt that it was my patriotic duty to assist in the investigation. However, in subsequent years, my attempts to get my FBI records (and I know they have them, obviously) have been unsuccessful. The response to my FOIA requests state that they cannot release my information for "national security" reasons pertaining to "an ongoing investigation." So does this mean my name is cleared?

    I haven't had any follow-ups with the FBI, and recent LiveScan background checks I've gone through (I work in EMS, and it's required in the county I work in) turned out OK, and I have no problems getting on an airline (and I don't usually get yanked out of line for the special screening anymore ... for a while there, it was quite common, since I might look like 'the enemy').

    My point in this is that we Americans must remain ever vigilant that our civil rights, our freedoms and our liberties remain protected. I am troubled when I listen to certain people talk about "Freedom" and "Democracy" in one sentence and then in the next breath go on and describe their desires for what amounts to a fascist state without any sense of irony. If we are to remain a nation of laws, we must remain aware of what's going on, and we must recognize that if only one person is denied their liberty, or due process, then we are all at risk.

  16. Re:A light in the darkness. by Anonymous Coward · · Score: 1, Informative

    Not that I expect you to beleive me, but I can safely say that the vast majority of the employees of the National Security Agency are quite interested in acting in a legal and ethical fashion.

    I had to take an oath to uphold the Constitution of the United States of America and to defend this country from all enemies, foreign and domestic.

    I take this rather seriously.

    The majority of the employees here are terribly intelligent and thoughtful individuals. Some have considered that perhaps the President is not acting in the best interests of the United States and its citizens, but in his own best interests. This feeling is nonpartisan and spreading more rapidly as news of his failings as a morally-guided leader reach us.

  17. Re:Fails? by schwanerhill · · Score: 2, Informative
    From the Times article:
    Mr. Frist also voted "no" in the end, but in a purely parliamentary maneuver to allow him to try to bring up the bill again.
    Thus, the final Senate vote was 52 yea, 47 nay (60 yea votes needed for cloture), with 42 of 45 Democrats and the independent but only 4 of 55 Republicans opposing the act.

    Senator Russ Feingold (D-WI) was the only Senator to vote against the Patriot Act the first time around and rallied the opposition this time. Senator Feingold spent the week blogging on the floor fight at TPM Cafe.

  18. Re:lolz by amrust · · Score: 2, Informative
    Probably not.

    Here's some info on the Patriot Act, in case someone wants to actually read it (or at least the general gist of it) before they offer opinions.

    --
    VOTE!