Dont get too excited just yet, though: theyre probably coming back with a few changes.
Heres what we know, and what it means for your privacy.
What Happened to the Patriot Act?
You might have heard in the news that the Patriot Act is expiring.
This isnttechnicallytrue.The Patriot Act, as a whole, is still in effect.
At midnight on Monday, that finally happened.
Theyre probably going to return, but one thing at a time.
Worse yet, the NSA would not need to identify the name of the target.
While some in Congress have tried to prevent reauthorization or tweak the law, all those attempts have failed.
Theyll likely be back, but with a few key limitations.
The government can then request information provided they choose a specific selector, like a persons name.
Which, depending on how easily the government can access that data may be a distinction without a difference.
Additionally, the bill would require the government to publish statistics about the usage of surveillance programs.
Depending on where you fall on the privacy vs. security spectrum, these changes can sound good or bad.
They would still allow the government to access your phone metadata records, but would change how its implemented.
This bill would also see the return of the roving wiretap and lone wolf provisions, completely unchanged.
Until the Senate votes on the bill, though, its still possible that changes could be made.
On May 23rd, the Senate voted against the bill at the urging ofSenate Majority Leader Mitch McConnell.
Without his support, neither the Patriot Act renewal, nor the USA FREEDOM Act could pass.
Due to procedural rules, however, the Senate couldnt vote to pass it on Sunday.
They just waited too long to save them.
That vote could happenas early as todayif the Senate wants to hurry.
It could also incorporate any number of changes, depending on how the negotiations play out.
Update:As expected, the Senatepassed the USA FREEDOM Actwith a vote of 67-32.
The NSA still has a number of authorities to monitor or collect data.
Which isnt necessarily a bad thing!
The NSAs job is to monitor potential threats to the United States.
That being said, there are still some problematic provisions that arent even part of this debate.
Chief among them is Section 702.
This section became famous when we first learned aboutNSA programs like PRISMthat allow the collection of internet communications.
702 authorizes the collection of internet communications that haveat least one destination outside the United States.
Worse yet, Section 702 doesnotrequire that those destinations be a person or even intentional.
As an example, Google tends to transfer data between its data centers in complex ways.
In those cases, the NSA may have the authority to require tech companies tohand over that data.
That means these programs are still in effect until or unless Congress does something to end them.
Of course, that may also make it harder to pass any necessary reforms.
Unfortunately, there isnt a clear answer one way or the other right now.
Illustration by Tara Jacoby, photos byGage SkidmoreandWikimedia Commons.
