By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — Key parts of the Patriot Act expired at midnight, after a bitterly divided Senate adjourned after failing to reach an agreement during a rare Sunday session to extend the anti-terrorism law. However, the Senate did vote to advance the White House backed Freedom Act, so a new form of data collection may be approved in the coming days.

The Senate will reconvene at midday Monday to consider changes to the Freedom Act that would curtail the government’s authority to sweep up vast quantities of telephone records.

Hamstrung by procedural rules that require the consent of all lawmakers, the Senate is unable to restore the lapsed authorities until at least Tuesday. The Senate will next vote to end debate Tuesday on the USA Freedom Act, and on amendments intended to make it more palatable.

The USA Freedom Act, backed by the White House and passed earlier by the GOP-led House, easily cleared a filibuster in a 77-17 vote that appeared to set the stage for its eventual passage. The Freedom Act would require the NSA and Federal Bureau of Investigation to obtain phone records for most counterterrorism investigations and other probes on a case-by-case basis from telecommunications companies.

The expiration of three key provisions of the Patriot Act means that, for now, the NSA will no longer collect newly created logs of Americans’ phone calls in bulk. However, the Justice Department may invoke a so-called grandfather clause to keep using those powers for investigations that had started before June 1.

Jameel Jaffer, deputy legal director of the American Civil Liberties Union, commented on the impact of the USA Freedom Act. “It would probably be the first time since 1978 that Congress has significantly narrowed the government’s surveillance authority or made structural changes to the legal framework that governs foreign intelligence surveillance.”

This new wave of sweeping reform to the NSA surveillance programs authorized by the Government comes following the Edward Snowden leaks in 2013. While the Freedom Act marks a legislative change, the Snowden leaks have led to a number of other changes.

For instance, the White House vowed it would be more transparent about the scope of intelligence gathering, such as declassifying numerous executive orders and legal opinions tied to government surveillance. Additionally, technology companies reached a settlement with the U.S. government which allows firms to disclose more about the national security requests for business or personal information.

However, it is important to note that the end of bulk telephone collection program doesn’t mean the end of debates about national security and privacy.

For more information, please see:

BBC — US surveillance powers expire as Senate deal fails — 1 June 2015

MSNBC — Key Patriot Act provisions expire … for now — 1 June 2015

NY Times — Senate to Take Up Spy Bill as Parts of Patriot Act Expire — 1 June 2015

Politico — Senate fails to save PATRIOT Act — 1 June 2015

Wall Street Journal — U.S. Spy Architecture Pared Back as Part of Patriot Act Expires — 1 June 2015