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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."

33 of 538 comments (clear)

  1. A light in the darkness. by TripMaster+Monkey · · Score: 4, Insightful

    It's rather wryly amusing that the event that might have tipped the scales against the renewal of the Patriot Act was Dubya authorizing the unlawful surveillance of American citizens.

    Honestly, we can't expect any better conduct from Bush, a president who has been quoted as saying the Constitution is'just a goddamned piece of paper'. Apparently he's forgotten all about that oath he took twice to uphold said 'piece of paper'. 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.

    Excellent quote from TFA:
    "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,"
    Senator Russ Feingold D-Wisconson, and the only senator to vote against the Patriot Act in 2001.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:A light in the darkness. by robson · · Score: 5, Insightful

      Honestly, we can't expect any better conduct from Bush, a president who has been quoted as saying the Constitution is'just a goddamned piece of paper'.

      Wasn't that Capitol Hill Blue article highly suspect? When I read it it just didn't sound real; no source is cited, and the quotes were just ridiculously over-the-top.

      I'm not defending the President, mind you; I'm just saying we don't need fictional arguments against him when we have plenty of factual ones.

    2. Re:A light in the darkness. by mrscorpio · · Score: 4, Insightful

      Further, Rense is a conspiracy wack-job site, so the claim is even more dubious.

    3. Re:A light in the darkness. by Guuge · · Score: 4, Insightful

      A Feingold - McCain race would be the best thing that has happened to this country in a while. Two candidates who are their own person.

      I get the impression that McCain just plays the moderate to increase his chances of being president someday. He says he opposes torture, but when the time came to act he did nothing. It was not until the torturers were safely reelected that he decided to criticize them. If he were president, could we trust him to do the right thing even if his Republican masters disagreed? I don't think so.

    4. Re:A light in the darkness. by cappadocius · · Score: 4, Insightful
      [McCain] says he opposes torture, but when the time came to act he did nothing. It was not until the torturers were safely reelected that he decided to criticize them. If he were president, could we trust him to do the right thing even if his Republican masters disagreed?

      I don't think it is acurate to term them his masters. McCain opposes the administration's stance on torture specifically, but has said he thought that a second Bush term would make the country safer than a Kerry presidency.

      We have every right to critize McCain's judgement in placing more importance on Bush's reelection than on airing his disagreements with the administration, and we have every right to criticize his judgement in thinking that Bush was the better choice. Nevertheless, I think it would be wrong to think of him as beholden to "Republican masters."

      The real question is if McCain thinks two conflicting goals are both the right thing, will he make the same judgement between them that we would desire?

      --

      omnia tua castra sunt nobis

  2. Fails? by Cheapy · · Score: 5, Insightful

    Why did they fail? I see it as a success in not authoritizing it.

    --
    Would you kindly mod me +1 insightful?
    1. Re:Fails? by Tackhead · · Score: 3, Insightful
      > Why did they fail? I see it as a success in not authoritizing it.

      You're obviously not a Senator.

      If you look at it from the point of view of someone who stands to get a lot of campaign donations in exchange funneling federal dollars to surveillance and detention centers in his constituents' disctrict, and a lot of votes from his constituents for the jobs they'll get running the camps and being on the Stasi payroll, it's indeed a failure.

      All around the world, freedom is on the march! Why does the Constitution stand in the way? The constitution hates us for our freedom!

    2. Re:Fails? by Guuge · · Score: 5, Insightful

      And for those of you praising Democrats and booing Republicans....both Republicans and Democrats voted against this.

      Now that's just irresponsible of you. The article states that a whopping FIVE Republicans joined 42 Democrats in the filibuster. Only TWO Democrats voted to end the filibuster. But it gets better! One of those FIVE Republicans is Bill Frist, who changed his vote at the last minute just so he could be voting with the winners.

      It may be unpleasant for some, but the truth is that the VAST MAJORITY of Republicans want to extend the Patriot Act and the VAST MAJORITY of Democrats want to end it. You cannot have had an adequate mathematics education if you insist that this vote was not along party lines.

  3. Russ for President in 2008 by xxxJonBoyxxx · · Score: 5, Insightful

    Russ for President in 2008

    1. Re:Russ for President in 2008 by orthogonal · · Score: 5, Insightful

      Russ for President in 2008

      Amen to that!

      It's Russ Feingold, not faux "conservative" George W. Bush or the Republican party, who is upholding the most fundamental traditional American value: our freedom from tyrannical government.

      Although I'm something of a liberal, I respected Ronald Reagan because he opposed Soviet tyranny. You remember Soviet Russia, right? Where secret police recorded every conversation, where people were arrested without warrants or habeas corpus, where "enemies of the state" were sent to gulags?

      Ronald Reagan, whatever his other faults, was against that. George Dubya does all that: he's spying on Americans, arresting US citizens without giving them access to the courts, and legalized torture. He's even re-opened secret prisons in Eastern Europe.

      And under Dubya's watch, we've seen extraordinary government secrecy, political appointees overruling government scientist and legal experts, and pervasive corruption in Washington.

      This is the limited government and personal responsibility Conservatism is supposed to be all about?

      Let's elect Russ Feingold, the only senator with the presence of mind to vote against the original Patriot Act.

  4. Re:Off topic article? by agent+dero · · Score: 4, Insightful

    Pull your head out of your ass, just because there's no mention of Ghz, or null pointers in the article, doesn't mean it's not for nerds.

    Much of the Patriot Act has the capability to intefere greatly with your little nerd glass bubble, heard of the phrase "why do you use encryption, unless you've got something to hide."

    whether or not you want to accept it, talk of _rights_ is news not just for nerds, but for everybody.

    --
    Error 407 - No creative sig found
  5. Re:Off topic article? by Evil+Closet+Monkey · · Score: 3, Insightful

    Nerd, jock, deva, pervert, drama queen... call yourself whatever you want. Your freedoms are never trash.

  6. It's Too Bad... by Quaoar · · Score: 4, Insightful

    ...that if there is another terrorist attack on U.S. soil near the scale of 9/11, that the pendulum will just swing the other way. We know now how far the government is willing to go to "protect" us, and they'll do it again in a heartbeat.

    --
    I'll form my OWN solar system! With blackjack! And hookers!
    1. Re:It's Too Bad... by kmak · · Score: 4, Insightful

      Seems like the argument's tipped either way:

      No terrorist attack = "It was working, see!"
      Terrorist attacks = "PATRIOT Act wasn't enough, that's why we need PATRIOT Act II!" ...

      And the other argument that "Hey, (almost) no one you know was a target of the act!" Nevermind that you would never find out if they did, and there are provisions that makes it illegal to talk about it if you got investigated..

      Whatever happened to transparency?

      --

      I'm not the devil.. just his advocate.
  7. Law? by dada21 · · Score: 3, Insightful

    When our officials follow the laws granting them enumerated and limited power, I'll be impressed.

    The is no provision for the PATRIOT Act in the Constitution.

    Don't believe it is Bush's doing, either. Both parties are equally guilty of violating their oaths to uphold the Constitution.

    1. Re:Law? by KiltedKnight · · Score: 4, Insightful
      there's no provision in the Constitution for abortion either.

      Actually, there is. It's called Amendment X:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
      This one has been so abused and forgotten, it isn't funny. All this says is that abortion falls under the power of the states or the people... not the federal government. Yes, I know it doesn't say "abortion," but abortion falls under the set of things "not delegated to the United States by the Constitution, nor prohibited by it to the states."

      --
      OCO is Loco
  8. Re:Does this mean... by superpulpsicle · · Score: 4, Insightful

    Wanna be heard? Someone start a oil.slashdot.org.

  9. Re:Would it be inappropriate.... by idontgno · · Score: 4, Insightful
    No, it would be amazingly appropriate. The core of true Christian philosophy is the value and freedom of the individual and her private relationship with God.

    I'm just annoyed that so many have soiled the heart of Christ's work by wrapping their fear and power-hunger in the trappings of faith and patriotism. And by so doing, ruining the good reputation of the sincere version of both of those.

    I rejoice that the growing totalitarianism has been momentarily forestalled. Keep up the good work, ladies and gentlemen of the U. S. Senate.

    ps: WTF's a "baptist voice"? We have individual voices, you know. Because we're individuals, right?

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  10. Re:*sigh* done with filibuster threats by Nasarius · · Score: 5, Insightful
    This is the sort of bullshit that happens when you allow the balance of power between the three branches of government to be degraded by filibusters and the like. They impede the government's ability to do the work it's intended for.

    So does a multi-party system. We could have a dictatorship and government would be very efficient indeed.

    Filibusters are one of the few tools that prevent a slight majority from ramming through whatever legislation they want. Did you pass high school civics? They are in fact a critical part of checks and balances, or balance of power as you call it.

    --
    LOAD "SIG",8,1
  11. Re:We don't deserve to win by hawkbug · · Score: 4, Insightful

    It's called a warrant. There is nothing wrong with acquiring a warrant BEFORE you snoop on somebody. The court will make you have a reason. If the suspect gave money to a terrorist org or did something that makes him a suspect, they can get a damn warrant. That system has worked well for the justice system for many, many years now. There is no reason to dump the system just because the president says so.

  12. Bad title of story by NoSuchGuy · · Score: 4, Insightful

    "Senate fails To Reauthorize Patriot Act Provisions."

    should be named into

    Senate rejects to reauthorize Patriot Act Provisions

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  13. Republicans' temporary failure against filibuster by billstewart · · Score: 4, Insightful
    While I'd hesitate to call any of the Senate Republicans "leaders", what's happened here is that the Democrats have threatened to filibuster a Republican attempt to pass this evil thing, and the Republican honchos in and outside the Senate have failed to get complete enough Republican support to override it if they do. That doesn't mean it's over yet - they've got until the end of the year, and Frist is threatening to keep trying, just in case any Democrats were planning to go home for Christmas before the right-wing Republicans go home for Winter Holidays. So America could still get screwed. Also, of course, they could start a new evil bill next year, but at least this one would have temporarily expired, and they'd have to deal with more extensive debate than the original Patriot Act, and come up with yet another obsequious name for it.

    I can't really call this a success, because the Senate didn't have the guts to actively reject it, but at least it's a start.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  14. Re:Does this mean... by MightyMartian · · Score: 4, Insightful

    What has happened is that Bush is now a liability to the Republicans. While he could deliver the goods, they were quite willing to be his little lackeys, but now that he's a lame duck whose policies and very person are increasingingly unpopular with the American people, the Republicans are going to attempting to beat the Democrats to the "the President's no friend" position on the political map. Why do you think Frist has become some sort of insta-centrist and nobody is crying a tear over DeLay's troubles? Bush is isolated now, and is going to see what having a non-compliant Congress is really like. It's these sorts of things that will demonstrate just what kind of man you Americans have put in the White House. Thus far, it appears that my dog is a better political leader than Bush is.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  15. Re:We don't deserve to win by laughingcoyote · · Score: 5, Insightful

    Ask suspected terrorists for permission first before we bug them?

    Well, that'd be one way to go about it. Of course, you could also ask a judge. There's this thing called a "search warrant". I've heard they even issued a few BEFORE the Patriot Act was passed.

    Of course, you do have to bring probable cause that the person is breaking the law or planning to. What a crazy rule that is, huh?

    I mean, what do you think would happen if we allowed warrantless searches, really? That they'd decide to skip any kind of trial too, and just lock those suspected of terrorism up in some remote military base? That kind of thing doesn't happen.

    --
    To fight the war on terror, stop being afraid.
  16. Finally something truly patriotic. by SenatorTreason · · Score: 4, Insightful

    Allowing the Patriot Act to lapse is one of the few truly patriotic things this Congress has done.

    How did *your* Senator vote?

  17. Re-frame the debate by slo_learner · · Score: 5, Insightful

    I'm going to put on my flame retardant suit and fire this one up. The problem is that people want to kill us. In order to protect ourselves, we can simply stop everyone who wants to kill us from succeding (Patriot Act). This works great if there are very few people who want to kill us. If there are too many people who want to kill us then limiting that number becomes crucial.

    Unfortunately, this means we have to ask ourselves why people want to kill us. The GWB story is that they are jealous because we are the embodiment of god's will (I'm paraphrasing). Personally, I think it is more closely related to foreign policy especially as it relates to domestic energy policies.

    If the notion that we might want to understand why terrorists, and deposed dictators don't like us is too unpatriotic, then I guess we will continue with the same type of policies. Considering that we sold Saddam WMDs and trained and funded Al Qaeda this might be worth a second look.

  18. Word choice by j00bar · · Score: 5, Insightful

    Does anybody else despise CNN's word choice of "fails" in this headline? The Senate "fails" implies that it is something that should have been done but they were simply unable to achieve. How about a more neutral word, like "declines"? -jag

    --
    When all you have is a hammer, everybody looks like a Messiah.
  19. Re:Filibuster = State's Rights by fishybell · · Score: 3, Insightful
    Just off curiosity, do you post as both dada21 and the guy with "Repeal the 17th Ammendment" sig? Seriously, I don't get it.

    The 17th amendment puts more power in the hands of the people. Because there are only two per state instead of somewhere between 2 and 50 per state like the house, senators are in the best position to represent states rights (invariably, it's the little guy who needs the most protection). If your senator is not representing state rights, then vote for someone else. If your senator is not representing state rights, and he was appointed by the state, then who could you turn to? By having an appointed official you don't balance anything. The goverment, whether big or small, needs to be all about the people. The state needs to protect the people, the federal needs to protect the people. How do you guarantee protection other than through your votes?

    If anything, there needs to be more official positions that are voted for. </offtopic>

    The filibuster is an example of political tactic that has evolved. Just because it was initially meant as a measure to protect state rights, can it not also be a measure to protect individual rights (such as used here)?

    --
    ><));>
  20. This is NOT over!! by peacefinder · · Score: 5, Insightful

    Don't celebrate too soon.

    Note that Sen. Frist voted with the majority. He didn't do this because he agreed that the act should expire, but because it will allow him to call a new vote whenever he sees that he can turn the tables. And given his Senate leadership position, that means he can wait until a few people leave chambers and call a quick vote very easily.

    This will not be over even if the act does expire... you can expect to see some provisions stealthily wedged into unrelated bills next year. The only way to really end this is to elect a Congress and President that takes civil liberties seriously.

    Get on it, people. The 2006 Congressional elections are coming up fast.

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  21. One sided debate by BagMan2 · · Score: 3, Insightful

    I've seen a lot of one sided debates on Slashdot (particularly Microsoft bashing), but I think this one wins hands down. I would dare say that 99% of the people posting haven't actually read the Patriot Act or even its main provisions. They are like sheep following a few ACLU freaks that have no common sense when it comes to balancing security needs against liberties.

    Most of the provisions are just common sense loopholes in the old law that should be permanently plugged. For example, roaming wiretaps. So, I can get a warrant to wire-tap a particular phone, regardless of who is using it, but I can't get a warrant to on-the-fly wiretap any phone the suspect happens to pick up. How does that make any sense at all? The Patriot Act plugs this silly problem because technology allows an officer with a warrant to wiretap an individual to immediately tap any phone the suspect picks up within a matter a seconds.

    And even then the Patriot Act limits this ability to terrorism investigations. Law enforcement has had this ability for years when dealing with organized crime, but it has been prohibited in other types of investigations. Only a moron would think this provision an assault on civil liberties.

    Or how about the provision that allows spy agencies to share intelligence they have discovered with law enforcement agencies. This was a big problem leading up to 9/11, where intelligence agencies had information that would have gave the FBI a fighting chance at preventing the attacks, but by law weren't allowed to share the information. Yeah, I can see how letting the CIA tell the FBI about some terrorist that just entered the country might infringe on my civil liberties....NOT.

    The list goes on but I think you get the point. There are certainly some provisions that are a little questionable, but on the whole the Patriot Act makes a lot of sense. I really fail to see how any of these provisions could be construed to reach the level of 'unreasonable searches and seizures". Just more ACLU propoganda run amuck.

    If you want a two sided debate, how about somebody post a specific provision of the Patriot Act that they don't like and explain how it personally affects their personal liberties.

    1. Re:One sided debate by peacefinder · · Score: 4, Insightful

      "I would dare say that 99% of the people posting haven't actually read the Patriot Act or even its main provisions. "

      I don't see why that should count against Slashdot. 95% of Congress didn't read it before they passed it in the first place.

      (By the way, I'm not kidding. They really didn't.)

      --
      With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  22. passed and signed before it was printed! by Jerry · · Score: 4, Insightful

    IIRC, the "Patriot" Act was voted on by both houses and signed by Bush BEFORE it was returned from the first printing. Most, if not all, of our congress people DID NOT KNOW exactly what they were voting on, but in the hysteria of the moment they allowed themselves to be railroaded by fear.

    Hopefully, this unconstitutional abomination of a bill will never resurrect itself. Any congressmen who tries to bring this monstrosity back should be tried for treason. Why do we need to worry about terrorists when gutless politicians do more damage to the Constitution than a bomb ever could?

    --

    Running with Linux for over 20 years!

  23. The Gov't The People (me) by Crudely_Indecent · · Score: 4, Insightful

    An example:
    210, 211 allow the government to retrieve non-content information from ISP's including IP address assignments, billing and payment information (including bank account and credit card numbers)

    Inform me if I'm wrong, but this applies to everyone reading this post. The gov't can get the account numbers from the credit companies, so why are they obtaining it from ISP's? (of course, this is to identify accomplices who pay for the internet service...but, I'll continue) As a network administrator, I protect my users by limiting the duration network logs are stored. Unfortunately, I cannot do the same with billing and payment information. When the government comes knocking, I have to cough up anything they wish for and they're not required to provide a court order to get it.

    217 - provides the ability for the gov't to spy on anyone suspected of computer trespassing. Ever visited a questionable site that redirected to another site that was unavailable? How easy would it be to redirect an unsuspecting user to an access controlled gov't page - thereby implicating them as a computer trespasser. It's easier than you might think.

    Have you been spied on by a foreign gov't yet? You'll probably never know because 218 defines that secret searches can now be authorized by a secret court without public knowledge or Department of Justice accountability, so long as the government can allege there is any foreign intelligence basis for the search.

    Ooh, I totally skipped 215 that private records aren't private to the gov't. Oh yeah, they can seize them without warrant.

    I would hope that these sections don't apply to me. 210 and 211 apply to me, but I resist them as much as possible. Unfortunately, I'm not allowed to talk about any gov't entities that requested that information from me. The rest, I would never really know if they apply to me or not, as they gov't isn't required to tell me, or anyone that they've utilized the provisions.

    IMHO, the gov't has way overstepped it's boundaries, and has been doing so for decades. If the People don't take control of the gov't, one day, the sheep...er...people will wake up to find they are no longer free. On that day, you'll find me (if you can) living deep in the sticks with my kitty-cat, tinfoil hat and guns.

    --


    "Lame" - Galaxar