Senate Blocks PATRIOT Conference
Report
On December 15, the U.S. Senate blocked the final passage of
the House-Senate conference report that extends the expiring
sections of the USA PATRIOT Act, including Section 215. In the most
significant vote for reader privacy since the House approved a
Freedom to Read Amendment in July, Senators rejected an effort to
bring the conference report up for a vote. A cloture motion, which
cuts off debate if it receives the votes of 60 Senators, failed by a
vote of 52-47. Four Republicans joined 43 Democrats to defeat the
motion: Larry Craig (Idaho), Lisa Murkowski (Alaska), John Sununu
(New Hampshire) and Chuck Hagel (Nebraska). Two Democrats voted for
cloture: Tim Johnson (South Dakota) and Ben Nelson (Nebraska).
To read the complete breakdown on the vote, click
here.
"Today's vote to keep open the debate about how best to amend the
PATRIOT Act is good news for proponents of reader privacy," said
Oren Teicher, chief operating officer of the American Booksellers
Association. "We are looking forward to a second chance to fully
restore the protections for reader privacy. Many, many thanks to all
of the booksellers who contacted their senators this week."
It is unclear what will happen next. Unless the Senate re-authorizes
Section 215 and 15 other sections of the PATRIOT Act before it
adjourns next week, they will expire on Dec. 31. Critics of the
conference report have proposed extending the current provisions for
three months to permit further negotiation, but President George
Bush said today he would veto a short extension. The administration
was expected to pressure Senators to reconsider today's vote. It is
also possible that there will be further negotiations between the
Senate and the House over the conference report. The House passed
the conference report earlier in the week. To read more about
this important decision, click
here.
New York Times Reveals Federal Government Spying
One of the main topics during the cloture debate was a new
revelation that in 2002 President Bush authorized the National
Security Agency (NSA) to monitor the conversations of American
citizens, possibly violating a law that bans NSA surveillance in the
United States. According to a report in
the New York Times, NSA conducted over 1,000 wiretaps
without any authorization by Congress or the courts. Critics of the
conference report pointed to the Times story as proof that
the PATRIOT Act should contain greater protection for civil
liberties. Senator Charles Schumer of New York said the Times
story had convinced him to vote against cloture. "I went to bed last
night unsure of how I was going to vote. Today’s revelation is
shocking and has greatly influenced my vote," Schumer said. Senator
Arlen Specter (R-PA), who supports the conference report, joined in
condemning NSA spying. "It’s inexcusable to have spying on people in
the United
States without court oversight," Specter said.
FBI Official Blasts "Radical Militant Librarians"
In a related story, the New York Times also reported that
some FBI officials are eager to make broader use of their power
under the PATRIOT Act to search business records. In e-mail messages
and other internal documents released by the FBI in response to a
Freedom of Information Act request, the officials complain that the
Justice Department's Office of Intelligence Policy and Review is not
approving enough search requests. "While radical militant librarians
kick us around, true terrorists benefit from OIPR's failure to let
us use the tools given to us," one unidentified FBI official
complained. "This should be an OIPR priority!!!" For further
details, click here.
