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The Patriot Act May Be Dead For Good

HughPickens.com points out Shane Harris's report at The Daily Beast that when powerful spying authorities under the Patriot Act expire at the stroke of midnight Monday, as currently appears likely, they may never return. "Senators have been negotiating over whether to pass a House bill that would renew and tweak existing provisions in the long-controversial law, but if the sunset comes and the provisions are off the books, lawmakers in both chambers would be facing a vote to reinstate controversial surveillance authorities, which is an entirely different political calculation. ... Three major Patriot provisions are on the chopping block: so-called roving wiretaps, which let the government monitor one person's multiple electronic devices; the "lone-wolf" provision, which allows surveillance of someone who's not connected to a known terrorist group; and Section 215, which, among other things, the government uses to collect the records of all landline phone calls in the United States." Obama has been urging Congress to pass the Freedom Act, but not warning that the sky will fall if they don't. That may reflect a calculation on the president's part that the surveillance authorities aren't important enough to lose political capital fighting to keep them. Meanwhile with the Senate not slated to return to Washington until just hours before that deadline, opponents like Sens. Rand Paul (R-Ky.) and Ron Wyden (D-Ore.) showing no signs of budging, and the House so far unwilling to bail out the upper chamber, the prospects for an eleventh-hour breakthrough look slim.

52 of 218 comments (clear)

  1. It won't die by weilawei · · Score: 4, Insightful

    They'll come up with some sort of emergency measure or other. Not a snowflake's chance in Hell this will die.

    1. Re:It won't die by Anonymous Coward · · Score: 2

      And the NSA's Utah collection plant will stand. And nothing will change. Because money.

    2. Re:It won't die by antiperimetaparalogo · · Score: 4, Insightful

      To be fair, a snowflake in Hell has a pretty good chance of dying.

      In Dante's "Inferno" (Hell), the deeper in hell's levels, the colder it gets - at the ninth level, the worse, reserved for those committing betrayal, a frozen lake exist...

      --
      Antisthenes: "Wisdom begins by examining the words/names." - excuse my English, i am (slightly...) better with my Greek!
    3. Re: It won't die by bill_mcgonigle · · Score: 4, Funny

      yeah, but then they'd have to wait for something bad to happen to "re-justify" it. It sure would look bad for Rand and good for Jeb if that kind of thing happened a week before the NH Primary.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:It won't die by Anonymous Coward · · Score: 2, Informative

      First, get off your ass and call your critters and tell them to let it die.
      Second, tell them to start supporting this...
      https://firstlook.org/theintercept/2015/04/27/whistleblowers-back-surveillance-state-repeal-act/

    5. Re:It won't die by Jane+Q.+Public · · Score: 2

      not that i see a problem with that in the slightest

      Let's also not forget that Obama ran for office on a platform that included "I will stop domestic spying."

      And as soon as he got into office, he did the opposite. As OP states, he called on Congress to pass the so-called "Freedom Act", which was really anything but. It was worse than the original in some ways.

    6. Re:It won't die by ganjadude · · Score: 2, Insightful

      difference being obama said alot of things

      rand is actually doing something

      --
      have you seen my sig? there are many others like it but none that are the same
    7. Re:It won't die by davester666 · · Score: 2

      And the emergency measure that just has to pass will just happen to also expand what they can do legally. Because there will be no time to change the wording, it'll be fixed the next time. Promise.

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:It won't die by Livius · · Score: 3, Insightful

      They'll come up with some sort of emergency measure or other. Not a snowflake's chance in Hell this will die.

      Of course it could die. They could replace it with something worse.

    9. Re:It won't die by Luckyo · · Score: 2

      Not money. Blackmail. Remember, NSA has essentially entire communication history of everyone in US. No one is so clean that they cannot be blackmailed, especially in high political places.

      Why else do you think Merkel doesn't even say anything about US criminal activity on its soil AFTER German media blows it all out in the open? There's a reason why they prioritised tapping her personal communications.

    10. Re:It won't die by Jane+Q.+Public · · Score: 2

      No disagreement here. I will observe that his motives might be self-serving under these circumstances. But I think it's a good thing when the same acts serve self-interest and the common interest at the same time.

    11. Re:It won't die by dcollins117 · · Score: 2

      Let's also not forget that Obama ran for office on a platform that included "I will stop domestic spying." ... And as soon as he got into office, he did the opposite.

      I think he's wrong on this issue and can't help but wonder what his advisors are telling him to make him change his view so dramatically. My guess is they know more about the disposition of "missing" nuclear materials from the former Soviet Union than they are telling the public. It's the only thing I can think of that would explain it.

  2. Can We Have A Funeral? by Bing+Tsher+E · · Score: 3, Funny

    I think a Dixieland Jazz parade would be suitable.

  3. so what about all the *other* stuff? by Anonymous Coward · · Score: 3, Interesting

    the government uses to collect the records of all landline phone calls in the United States

    I haven't been following this super close, but I gotta question. The above sounds swell and all, but we've seen this massive barrage of info from Snowden/Greenwald about other things they've been doing. Subverting encryption standards. Getting malware onto hard disk BIOSs. Collecting the contents of communications, not just just the so called metadata. It goes on and on and on.

    Does ALL that stuff die? Or is this - as I am going to go out on a limb here and guess is the case - just reshuffling the status quo a bit to make it appear that "something is being done", without reeling back the majority of this surveillance state that we've seen come to fruition?

    1. Re:so what about all the *other* stuff? by Sun · · Score: 4, Interesting

      No. It does not all die.

      First, please remember that the NSA is a spy agency. So long that their targets are legitimate (more on that in a second), they are expected to do everything within their powers to get to it.

      Subverting the standards was a low blow, but as the ol' Tennessee saying goes "fool me once.... shame on... you?". Of course, by the time those standards were drafted, the standards body should have already known better (selling Enigma based encryption devices to foreign countries well into the 70's, anyone?). I'm hopeful, however, that we'll get spared "third time a fool".

      As for the other activities, well, this is how spying gets done. That is how you spy on people in this day and age. With all of the justified criticism of the NSA, it would still be bad if they couldn't spy at all. They do, in fact, have a function to fulfill, and it is a function that needs fulfilling.

      Circling back to who the targets should be. Spying against friendly foreign country leaders is not against the the law, or even, as far as I understand it, against the NSA's charter. It is an extremely foolish thing to do, but I don't think changing the law is the way to handle it.

      Shachar

    2. Re:so what about all the *other* stuff? by ourlovecanlastforeve · · Score: 2

      Nothing changes but the label.

      They'll keep doing it, they'll just stop telling you about it and find different words for it.

      They'll rename it to something like "The Free Beer and Guns For Country Boys Act."

      See also, CISPA, CISA, CRISPA, BISPA, CRISCO, or whatever they're calling it for this trip through Congress.

    3. Re:so what about all the *other* stuff? by PopeRatzo · · Score: 5, Insightful

      As for the other activities, well, this is how spying gets done. That is how you spy on people in this day and age. With all of the justified criticism of the NSA, it would still be bad if they couldn't spy at all. They do, in fact, have a function to fulfill, and it is a function that needs fulfilling.

      Why don't you unpack that statement a little bit? What is the domestic function of the NSA?

      If you said anything besides, "It doesn't have a domestic function" then you are wrong. The US government is not supposed to be spying on US citizens. If there's some foreign government or organization that's communicating with an American citizen or permanent resident in order to commit a crime, just get a goddamned warrant.

      --
      You are welcome on my lawn.
  4. Not a snowballs chance! by amxcoder · · Score: 3, Insightful

    My weather app doesn't forcast Hell freezing over anytime soon, so I seriously doubt this is will be true. The politicians/government agencies all know a good thing when they see it. The Patriot Act gives them unfettered access to have huge budgets, grow bigger and add more departments, share information freely between unrelated agencies, spy on Americans all they want, collect data on everyone to use how they see fit, and all sorts of other goodness that big government types love.

    The power hungry folks in Washington will never let this die.

    1. Re:Not a snowballs chance! by Jane+Q.+Public · · Score: 4, Informative

      "... it looks like the Patriot Act will be gone by Monday morning."

      Correction: key provisions of the Patriot Act. What most people call "the Patriot Act" was actually a collection of bills and laws, only some of which were part of the Patriot Act itself.

      So yes, technically most if not all of the Patriot Act would expire... but there are other sibling laws that need to go down in flames, too, before the damage done will really be repaired.

    2. Re:Not a snowballs chance! by PopeRatzo · · Score: 2

      How is this insightful? The Patriot Act is less than 36 hours away from expiring, and all signs point toward the extension being filibustered into defeat.

      It's insightful because only some provisions of the Patriot Act will expire, and the FISA court will continue to do whatever they want.

      Laws as sweeping as the Patriot Act don't just go away.

      --
      You are welcome on my lawn.
    3. Re:Not a snowballs chance! by amiga3D · · Score: 3, Insightful

      The very worst of it should be gone after this weekend. If so I'll celebrate. It's a victory even if the war isn't quite over.

    4. Re:Not a snowballs chance! by amxcoder · · Score: 2

      To answer your question on the lack my of enthusiasm, is because personally, I would bet money on the fact, that even if the provisions do expire, it won't change a thing that is going on with many of the spying and data collection methods.

      These systems were put into place over a long period of time, and at great expense, and it will take more than a bill expiring to force these systems to actually be dismantled. If the bill expires, but the systems are still in place, including all the taps at the ISP's facilities like the backroom fiber splitters, and the BIG data center in Utah that still has the paint drying on it, do you REALLY think in your heart of hearts that the NSA/FBI/DHS/CIA (name your TLA) is going to flick the switch and actually shut these things down? I don't.

      And even if they said they were going to follow the law/constitution and not use them anymore, I wouldn't believe it since they've already shown that they will do what ever they can get away with, inside and outside the law. And I would also bet money that you'll never see them actually go in and remove their equipment that they've put into place over the last decade or so in all these locations and facilities. They won't sell off the Utah data center building and servers, turn the lights off, and move out. They aren't going to remove their back-doors on all the networking hardware out in the market, they aren't going to forget their capabilities to break many forms of encryption... This just isn't going to happen any time soon. If they did this, then I would start to believe they got out of the data collection/spying on American's business, but then again, it would also make one curious if they were continuing the same work on a different path that we don't yet know about.

      All these agencies have lost all trust, and lost all credibility with most of the American populous, especially those like slashdot'ers here that are knowledgeable about the capabilities they have and the underhanded ways they've acquired these abilities as well as the actual and possible nefarious ways these abilities can be put to use.

    5. Re:Not a snowballs chance! by Maxo-Texas · · Score: 3, Informative

      If it fails, part of the failure can be attributed to John Oliver.

      That guy has done more to clean up government in 2 years on HBO than most politicians do in a 2 decades in office.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  5. If they don't pass it by frovingslosh · · Score: 5, Insightful

    If they don't pass it then the government will just do all those things anyway. It's not like they are subject to the law or the constitution or anything.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  6. it can expire because they'll do it anyway by liquid_schwartz · · Score: 5, Insightful

    They were collecting data before the Patriot Act, they will collect it after. As technology allows they will collect more and more. They will lie to congress, the courts, and most certainly to the public. However this is all known to have ready been done with absolute certainty thanks to Snowden. It's a sign that they are getting bolder, more willing to act without even a shred of cover of law. They no longer need to pretend for permission due to the Patriot Act. Thus it can be allowed to expire.

  7. Watch by Anonymous Coward · · Score: 2, Informative

    for false flage operation if it is not renewed.

  8. Never should have been passed by mbone · · Score: 5, Insightful

    Good riddance.

    I remember that when the Patriot Act was first passed thinking that

    - this was obviously on someone's wet dream wish list (it was not so much written as released from the vaults) and

    - passing huge changes in security laws with little debate and less thought in the near panicked initial response to a terrorist attack is basically a good definition of what not to do in a crisis.

    Of course, that was before the Bush Administration invaded Iraq and showed us that purposeful stupidity can be worse than mindless stupidity.

  9. Well said by don_combatant · · Score: 5, Interesting

    This is one of the best comments I've seen about the Patriot act (from the NY Times): 'Listening to the arguments for keeping the "Patriot Act" on the PBS News Hour tonight, they sound just like the same kind of arguments used by the NKVD, and the Gestapo, everyone needs watching to keep the American people safe. They are protecting us from subversives, terrorists, those who would threaten our society. The same arguments used by dictators and tyrants for all history. Just the term "Patriot Act" ("a person who loves and strongly supports or fights for his or her country") was coined to give the idea that anyone against it was not loyal to the country, and were a threat to the rest of the citizenry. It is also used to demean anyone who criticizes the government for actions such as going to war, to "protect Americans." There is nothing patriotic about the act, it is an act of repression, it is a scare tactic, made by people who have a strong desire to stay in power and make others behave withing their ideological framework. It is a means to keep watch on all of us, not just the miscreants. We got by for 239 years without it, we don ot need it now.' --David Underwood, Citrus Heights

    1. Re:Well said by bouldin · · Score: 2

      Everybody on this thread seems to have forgotten the DEA was collecting Americam phone metadata in bulk since 1992, well before the Patriot Act. They did it under USC 21 section 876 (administrative subpoenas).

      From what I've read, they were probably exceeding their authority, but carriers like Sprint gave them the data anyway.

  10. Moving to the private sector by Laxator2 · · Score: 4, Interesting

    It does not mean that the spying will stop.
    Only that it will be moved to the private sector.

    In place of the NSA, it will be Verizon, Comcast et al who will be doing the bulk data collection.

    And instead of being financed by tax money that is collected anyway, the bulk collection will be financed by additional charges to the phone/cable bills.

  11. President Obama clearly knows how to kill a bill. by Hasaf · · Score: 4, Interesting

    President Obama clearly knows how to kill a bill that he wants dead. All he needs to do is some out in favor of it and it is going to be DOA.

    If he had fought hard against the reinstatement of the Patriot Act it would pass with a veto-proof majority.

      (In his book even former President Bush said The Patriot Act was poorly named. He felt, in recollection, that by naming it such, it made it hard for there to be meaningful discussion. . . after all, who wants to go on record as opposing patriotism?)

  12. snowden ftw by Noah+Haders · · Score: 5, Insightful

    this is all because of one man who did a brave thing and was forced to flee his country for a hostile nation. history books will write of snowden as a hero.

    1. Re:snowden ftw by serviscope_minor · · Score: 4, Interesting

      Indeed, while he seems often villified, it was him who showed the US that the spying was happening. It it looking like his legacy is having some serious positive consequences, in real terms. And he's risked his life and will probably have to spend his life in exile. But he did it for the good of his country.

      A true patriot and a true hero.

      --
      SJW n. One who posts facts.
  13. Notice the media slam this week on Rand Paul? by kartaron · · Score: 5, Insightful

    From all over the media, political commentators have been slamming Rand Paul since the 'filibuster'. Not just competitive republicans running for office or stumping for their guy either. Fox news left him off the latest poll, Scarboro (former republican analyst) mocks him, Bill Kristol (ancient neocon acolyte) mocks him. Several editorial columns describe his maneuvering of the vote for renewing the patriot act as betrayal. Huffpo implied Rand's 'act' is so tedious that other senators roll their eyes.

    Amazing how this man is so derided for actually acting on one of the biggest issues of our time instead of just going along

  14. The NSA owns the US government by ourlovecanlastforeve · · Score: 2

    "And then we said, sure, we'll turn off the Patriot Act! HAH! HA HAAAAAH!"

  15. So what? by lennier1 · · Score: 2

    Because the alphabet soup will suddenly give a shit about what they're legally allowed to do and actually adhere to that?

  16. No thermal gradients in hell by vortex2.71 · · Score: 3, Funny

    There are no thermal gradients in hell. If there were, engineers could build a heat engine used to power an air conditioner.

    1. Re:No thermal gradients in hell by Anonymous Coward · · Score: 3, Insightful

      There are no lawyers in Hell, lawyers as we all know are famously soulless. All of them are on Earth.

  17. Strategy by Irate+Engineer · · Score: 5, Insightful

    If a terrorist truly wanted to harm us, the best way they could do it would be to mount a showy but essentially superficial attack some place Monday morning right after this expired.

    The actual damage and injuries and deaths from the attack itself would probably be minuscule, but the self-inflicted damage and injuries and deaths caused by the U.S. doubling down on even tighter surveillance, more war on terror, and the loss of our freedoms that we say we're trying protect would gladden the hearts of many a terrorist. It is a strategy that has worked well for them since well before 9/11.

    Terrorists can't destroy us directly, but they're happy to let us do it to ourselves voluntarily.

    --

    Left MS Windows for Linux Mint and never looked back!

    Vote for Bernie in 2016!

    1. Re:Strategy by Kernel+Kurtz · · Score: 5, Insightful

      My mod points just expired, but this^

      9/11 was not Bin Laden's greatest success, the Patriot Act (and similar laws in other western countries) was.

      He scared people into gladly giving up their own freedom. How brilliant, and disturbingly easy, was that!

    2. Re:Strategy by sjames · · Score: 2

      The sad part is that the U.S. fell for it so quickly after Reagan snookered the USSR into bankrupting itself in a similar way.

  18. The Patriot Act is not expiring... by Anonymous Coward · · Score: 2, Informative

    Only Section 215 is expiring. The Patriot Act itself has long since been extended pretty much permanently.

    Other parts of the Patriot Act, including the use of National Security Letters, still allow them to spy on anyone for any reason without a warrant. In fact, for the first few years after the Patriot Act was signed, the government didn't even invoke Section 215 to do this stuff because NSLs do the trick just as easy.

  19. Cue in by Prune · · Score: 2

    Cue in the false flag operations.

    --
    "Politicians and diapers must be changed often, and for the same reason."
  20. And Not Having a Law Will Stop Them? by Anonymous Coward · · Score: 2

    I must have missed where there were consequences for those 3 letter agencies breaking the law?

  21. only takes 1 senator to filibuster & Rand Paul by raymorris · · Score: 5, Insightful

    A single senator can filibuster a bill. Senator Rand Paul said he'd prevent it from passing before the Senate went on break, and he did so. Rand Paul is now saying he'll make sure it isn't passed on Sunday, and there's every reason to think he'll do so again, just like he did before.

    I'll be considering him carefully when I choose my presidential vote.

  22. Get off your asses. by Lumpy · · Score: 2

    Contact your Senators NOW and demand they let it die and anything else that has to do with spying on americans and the erosion of our rights and the constitution.

    Do it now and then hand feed another person to do it right now. Hell I'll hand feed all of you.

    https://www.sunsetthepatriotac...

    Do it right now. Unless you hate freedom and america.

    --
    Do not look at laser with remaining good eye.
  23. Re:only takes 1 senator to filibuster & Rand P by amiga3D · · Score: 4, Insightful

    He'll never get the Republican nomination. Not a chance in hell. The old guard in the party would rather have Hillary Clinton than Rand Paul. She's less of a threat to them.

  24. Re:only takes 1 senator to filibuster & Rand P by fustakrakich · · Score: 4, Insightful

    Hillary would be the best republican since Eisenhower.

    --
    “He’s not deformed, he’s just drunk!”
  25. Yes and no by rsilvergun · · Score: 3, Interesting

    parts of the patriot act were used to coordinate the response to Occupy Wallstreet. Without the law what was done to shut the movement down wouldn't have been legal and we might have a very different political landscape.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  26. that's the R party fight, libertarian or establish by raymorris · · Score: 4, Interesting

    I can certainly see why he runs as a Republican- the current fight is between the libertarian side of the party and the remnants of the Moral Majority faction and the establishment power base. The unfortunate fact is that libertarian party candidates don't get elected to the presidency and the senate, republicans do. He therefore can accomplish a lot more by getting elected as a Republican than he could by losing a Libertarian. President Reagan largely redefined the republican party in his own image, so there's no reason Rand Paul couldn't do the same.

    Of course Reagan also developed an alliance with the Moral Majority crowd in order to get elected, and that alliance affected the party platform. Moral Majority officially shut down many years ago and people are fed up with the establishment power base, so the party is ripe to be redefined again.

  27. Re:only takes 1 senator to filibuster & Rand P by fustakrakich · · Score: 2

    Not at all. The GOP is dying for someone like her. As a republican, she would draw more votes than Reagan, even from the democrats. She's perfect. If I were to vote republican, I would vote for her in a heartbeat. I think the republicans should write her in during their primaries. Let's see if she shows up at the convention.

    --
    “He’s not deformed, he’s just drunk!”
  28. Re:Can we have ALL Federal laws auto-expire this w by bouldin · · Score: 2

    What a profoundly naive and ignorant idea.

    Expire all laws? Like all federal criminal law against fraud, racketeering, drug trafficking, computer misuse, theft, and murder?

    All the laws enabling agencies like the FDA, which keeps the food supply safe? Laws that regulate and maintain the highway system and regulate interstate commerce? Laws that establish the FDIC and keep confidence in banks?

    Not to mention the huuuuge body of procedural law, which defines how the courts work, how the military is governed, etc?

    The US Congress would not have time to reauthorize the entirety of federal law, much less write new law. The states wouldnt have the time to do this either.

    Businesses would hate this because there would be so much uncertainty.