NSA’s Bulk Phone Collection Program Expiration is Looming

In the wake of 911, congress enacted the Patriot Act, which has not been without controversy. One of the more controversial provisions of the Patriot Act is Section 215. Section 215 is the provision which allows federal law enforcement agencies to order citizens to turn over what they consider “any tangible thing” under the guise of prevention of international terrorism. Section 215 fundamentally increases the government’s ability to spy on its own citizens by means of intercepted data, metadata, phone records and under NSA phone collection programs, actual conversations themselves.

This June the first, Section 215 expires, leaving many intelligence agencies scrambling for a back up plan. The NSA, who has been collecting large amounts of bulk phone records and data, currently has no backup plan as to how to proceed if the provision is allowed to expire. In order for the provision to be renewed, congress must take up the issue prior to the expiration date. Robert S. Litt, the general counsel for the director of National Intelligence, issued a statement in which he voiced the optimistic opinion that congress would address the issue and create a new law prior to the June deadline.

The NSA data and phone collection practices have come under fire since exposed to the world by Edward Snowden in 2013. Allowable by the Patriot Act and hidden under top secret classification, the NSA’s practices have drawn the attention of constitutional defense organizations like the ACLU. When addressing the constitutionality of Section 215 of the Patriot Act, the ACLU stated the following:

“Normally, the government cannot effect a search without obtaining a warrant and showing probable cause to believe that the person has committed or will commit a crime. Section 215 violates the Fourth Amendment by allowing the government to effect Fourth Amendment searches without a warrant and without showing probable cause.”

In January 2104, The USA Freedom Act was introduced to congress. The bill, otherwise known as HR3361, was crafted in partnership between the Obama White House and a bipartisan group of lawmakers. The bill would effectively end the NSA bulk collection of data. It was introduced by Rep. Jim Sensenbrenner who stated the purpose of the bill was, “To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.” The bill died in the Senate, who voted to shelve the issue for a subsequent congress.

At this time, although under pressure from the White House, Civil Liberties groups and the media, the NSA’s large scale collection of American’s data and phone records continues. While some might believe that a looming expiration date is a positive sign, chances are congress will address the issue. Whether or not their vote will be on the side of liberty or security is yet to be determined. In the immortal words of Ben Franklin, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

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SOURCES:

https://www.aclu.org/free-speech-national-security-technology-and-liberty/reform-patriot-act-section-215

http://en.wikipedia.org/wiki/USA_Freedom_Act

http://blogs.wsj.com/washwire/2015/02/03/intelligence-official-no-backup-plan-if-nsa-phone-data-program-lapses/?mod=WSJ_Politics_Blog