Key provisions of the Patriot Act, which was passed in the aftermath of the 9/11 terrorist attacks, expire at the end of this month. Congress is debating whether to renew or revise those provisions. Some members would just as soon see them dead and gone.
On Thursday, a three-judge federal appeals court panel in New York ruled that the most hotly debated provision of the law, the bulk collection of Americans' phone records by the National Security Agency, is illegal. The judges wrote: "We do so comfortably in the full understanding that if Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously."
It does have every opportunity, but it's possible that Congress will get caught in knots and fail to extend the expiring provisions. The White House and GOP House Speaker John Boehner are in agreement on a revised law, but Senate Majority Leader Mitch McConnell wants to extend existing law without change. And then there are those Republicans and Democrats who despise the law.
Elsewhere in the world, nations are opting for increased scrutiny of terrorist activity. Lawmakers in France are moving to give authorities sweeping new surveillance powers in the wake of the stunning attack on the staff of Charlie Hebdo. Britain passed sweeping surveillance laws last year. The U.S. cannot electronically disarm itself by allowing major provisions of the Patriot Act to lapse.
A simple, straight extension would be fine by us. That doesn't appear to have broad support, though.
The next best option is the USA Freedom Act, which sailed through the House Judiciary Committee in April on a 25-2 vote and is likely to come to a vote on the House floor next week.
The bill would not permit the collection and storage of metadata--records of Americans' phone calls, but not their content--by the NSA. Those records would be retained by telecommunications firms, and federal agents could access the records with an order from the Foreign Intelligence Surveillance Court. In a case of an emergency, no FISC order would be required.
Thirteen years after the Sept. 11 attacks, we get constant reminders of the need for anti-terrorist surveillance. Two terrorists open fire in Texas. The FBI warns that Islamic State may have scores of sympathizers in the U.S. and is urging them to wage assaults. Federal authorities need the tools and flexibility to investigate and pursue terrorism suspects. Congress can't reach June 1 having done . . . nothing.
Editorial on 05/09/2015