By: Danielle Apfel
Fourteen years later, and it’s still up for debate. The USA PATRIOT Act, initially signed into law back in 2001 by President Bush, and given a four-year extension in 2011 by President Obama, is finally expiring this June 1st. The law, deemed necessary for national security and counterterrorism measures, yet panned as controversial for its intrusions into the private lives of American citizens, may finally come to a close.
Although President Obama signed an extension for the Patriot Act back in 2011, it does not appear that Congress can manage push another forward, nor does it seem likely that the President would sign such a bill. Despite the continued use of the Patriot Act, controversy and public outrage remain over section 215, which essentially provides a metadata of records, papers, and documents for the NSA so long as it is connected with a terror investigation. However, lines have become blurred, and as has been exposed, Americans’ phone records, emails, etc. have been mass-collected, all on the premise of national security.
With the Act expiring this June, legislators have striven to come up with reasonable substitutions, but overcoming votes in both the House and the Senate remains a challenge.
Last week, the House passed the USA Freedom Act, which effectively ends the NSA’s ability to collect mass amounts of data under the guise of national security. Despite controversy over the issue, 338 members of the House voted for the Act, nearly 200 of which were Republicans. The Freedom Act addresses everyone’s main concern, Section 215 of the Patriot Act. The Freedom Act, in an attempt to preserve individuals’ privacy, allows data to be kept and stored, but within the telecoms rather than the NSA. Should an issue arise, the companies would be able to hand over whatever records and information was needed, so long as there is a court order. This Act helps maintain a sense of transparency, and bridges the gap between those that want to fully end the NSA’s power, and those that want to renew the Patriot Act in its entirety.
Although the Freedom Act passed the House, there is speculation over whether the Senate will accept it. Senate Majority Leader Mitch McConnell has put the House-passed Act on the Senate floor this week, despite his beliefs that rather than compromise on such a bill, Congress should pass a two-month extension on the current Patriot Act. This suggestion is supported by top Republicans in the Senate, but is not widely popular.
An extension on the current Patriot Act, or even the renewal of a “clean” Patriot Act is what top Republican Senators believe to be the best option. Many worry that the House-passed Freedom Act cannot be accepted until it is tested, an opportunity that is not viable given the June 1st deadline, which fast approaches.
The tension is building, especially considering that the House has a weeklong recess that starts today. Without an extension, the Justice Department will undoubtedly shut down the Patriot Act this June, but it remains to be seen whether or not Congress is willing to compromise on the Freedom Act.