Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Senate rejects tougher standards for collection of search and browsing data
CNet ^ | May 13, 2020 10:02 a.m. PT | Laura Hautala

Posted on 05/13/2020 11:45:02 AM PDT by sockmonkey

The US Senate voted down an amendment to the USA Patriot Act on Wednesday that would create a tougher standard for government investigators to collect the web search and browsing histories of people in the states. The bipartisan amendment, proposed by Sen. Ron Wyden of Oregon, a Democrat and Sen. Steve Daines of Montana, a Republican, would've required the Department of Justice to show probable cause when requesting approval from the Foreign Intelligence Surveillance Court to collect the data for counterterrorism or counterintelligence investigations.

Before the vote, Daines told the Senate the bill was necessary to keep the government from intruding into the most sensitive information of internet users in the US. "If you want to see an American's search history, then you better go to a judge and get a warrant," he said.

The amendment, which required 60 votes to pass and failed with a final tally of 59 ayes and 37 nays, was one of several slated to be considered Wednesday to amend the Patriot Act. A separate amendment drafted by Kentucky Sen. Mitch McConnell, a Republican, would expressly allow the collection of web search and browsing data under section 215 of the Patriot Act, which doesn't require that investigators show probable cause. The Wyden-Daines amendment, by contrast, would've given government the ability to request the data under a separate part of the law, Title I, which does require probable cause.

The vote came more than a month after three sections of the USA Patriot Act expired in March. Section 215 allows the government to collect data that's "relevant" to counterterrorism or counterintelligence investigations, with approval of the FISA court. Also under consideration Wednesday is a bipartisan amendment from Sen. Patrick Leahy of Vermont, a Democrat, and Mike Lee of Arizona, a Republican, that would strengthen the process for flagging potential violations of constitutional privacy rights in government requests. Another amendment, from Sen. Rand Paul of Kentucky, a Republican, would require warrants for data collection on people in the US, and limit the use of data collected through the Patriot Act as evidence in criminal cases or lawsuits that are outside the jurisdiction of the FISA court.

In addition to his amendment permitting the collection of browsing and search history without probable cause, McConnell drafted an amendment that would limit the use of Patriot Act powers for investigating candidates for federal office. The amendment comes as President Donald Trump and members of his administration have criticized FBI investigations into members of his campaign team using Patriot Act powers.

McConnell didn't address the Senate regarding the Wyden-Daines amendment, and his office didn't respond to a request for comment on his drafted amendments.

Wyden had said his amendment was especially important now that millions of Americans are at home to help curb the spread of the coronavirus, relying on the internet to work, educate their children and access information.

"Stand up for those millions of people who have to be at home," Wyden had said.


TOPICS: Government; News/Current Events
KEYWORDS: bigbrother; fisa; patriotact; privacy
Navigation: use the links below to view more comments.
first previous 1-2021-25 last
To: sockmonkey

Voted to protect the privacy of the politicians but not the privacy of the people.


21 posted on 05/13/2020 1:39:22 PM PDT by Wuli
[ Post Reply | Private Reply | To 1 | View Replies]

To: sockmonkey
The 10 Democrats who joined GOP in defeating amendment to stop FBI warrantless surveillance of web browser history: Carper, Casey, Feinstein, Hassan, Jones, Kaine, Manchin, Shaheen, Warner and Whitehorse.

Joined the GOP in defeating? You do realize that the GOD breakdown on this was pretty much an even split?

While yes, the Patriot Act as a whole needs to go, chances are very low Congress will get rid of it. So at least this amendment would have added a bit of protection for people. We, as FR, would have wanted this to pass.
22 posted on 05/13/2020 2:54:59 PM PDT by Svartalfiar
[ Post Reply | Private Reply | To 10 | View Replies]

To: Svartalfiar

It’s all theater. A deal is already in place is my guess. Ratcliffe confirmed for fake FISA reform.


23 posted on 05/13/2020 2:55:54 PM PDT by lodi90
[ Post Reply | Private Reply | To 22 | View Replies]

To: faithhopecharity

“repatriate send home the bad dangerous terrorist-related “immigrants” and we can get our civil liberties back!”

Exactly. Open borders politicians imported millions of immigrants who want to slit our throats. Having done that, said politicians in effect said “We have millions of immigrants here who want to slit our throats. Therefore, we’ll have to trample your civil liberties in surveilling this threat because it would be discriminatory if we only spied on the throat cutters we let in. We’ll have to spy on you, too.”


24 posted on 05/13/2020 6:32:57 PM PDT by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SharpRightTurn

Yup. That’s right. ( and maybe just maybe was the plan from the very beginning )


25 posted on 05/13/2020 8:29:19 PM PDT by faithhopecharity (Politicians are not born, theyÂ’re excreted. Marcus Tullius Cicero (106 to 43 BCE))
[ Post Reply | Private Reply | To 24 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-25 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson