Though the overwhelming and bipartisan passage of the USA Freedom Act in the House of Representatives on Wednesday portends the end of the NSA’s mass collection of Americans’ private telephone records, civil liberties groups found little else to celebrate as the ultimate passage of the bill, which now heads to the Senate, would re-authorize a number of worrisome programs by extending the life of the controversial Patriot Act.
“This is a fake privacy bill. Corrupt members of Congress and their funders in the defense industry are attempting to package up their surveillance-powers wishlist and misleadingly brand it as ‘USA Freedom.’ This is disappointing and offensive, and we will continue to work to kill this bill and any other attempt to legitimize unconstitutional surveillance systems.”
—Tiffiniy Cheng, Fight for the Future
Following a federal court ruling last week that deemed a provision of the Patriot Act, known as Section 215, as not a sound legal basis for the bulk phone data collection program, H.R. 2048, which passed the House by a vote of 338-88, would put a definitive end to the practice that was first revealed to the American public by documents leaked by whistleblower Edward Snowden in 2013. However, despite strong objections from critics, the bill reauthorized Section 215 for other uses and would expanded other surveillance mechanisms and powers for government agencies.
See the full roll call of the vote here.
Though some progressive groups found it possible to support the bill for its strong stance against the domestic phone records program, tougher critics said that though they welcome the end of that specific program, the USA Freedom Act’s re-authorization of broader Patriot Act powers could not be ignored.
Advocacy groups like the Electronic Frontier Foundation and the ACLU had offered some initial support to earlier versions of the bill, but both groups ultimately withdrew their backing of the law once it reached its final form. Others were never convinced and said true reform would come only from allowing the Patriot Act, and all its varied authorities, to sunset as scheduled on June 1.
“Congress has an opportunity to reform mass surveillance by letting the Patriot Act expire, and that’s what they should do,” said Tiffiniy Cheng, co-founder of Fight for the Future, which has spearheaded a coalition opposed to mass surveillance, the re-authorization of the Patriot Act, and specifically Section 215. Wednesday’s vote to reauthorize the Patriot Act, said Cheng, would actually “expand the scope of surveillance” by the NSA and others. The USA Freedom Act, she said, “is the opposite of reform. It makes absolutely no sense.”
Elaborating on the implications of the bill, she continued:
Within the halls of Congress, however, the climb toward meaningful reform in a Republican-controlled session has been a slog, with civil liberties groups hedging their critiques as well as their enthusiasm. As Russell Berman writes at The Atlantic:
With the bill now heading to the Senate, critics of the House version are still holding out hope that improvements can be made in the upper chamber. As Mark Jaycox, legislative analyst for EFF, wrote in the immediate wake of Wednesday’s vote:
He added, “2015 can and should be the year for powerful surveillance reform, and we’re urging the Senate to rise to this opportunity.”