The US Senate voted Wednesday on an amendment to require government investigators to show probable cause when requesting web browsing data in counterterrorism and counterintelligence investigations.
Getty ImagesThe US Senate voted down an amendment to the USA Patriot Act on Wednesday that would create a tougher standard for government investigators to collect the web search and browsing histories of people in the states. The bipartisan amendment, proposed by Sen. Ron Wyden of Oregon, a Democrat and Sen. Steve Daines of Montana, a Republican, would've required the Department of Justice to show probable cause when requesting approval from the Foreign Intelligence Surveillance Court to collect the data for counterterrorism or counterintelligence investigations.
Before the vote, Daines told the Senate the bill was necessary to keep the government from intruding into the most sensitive information of internet users in the US. "If you want to see an American's search history, then you better go to a judge and get a warrant," he said.
The amendment, which required 60 votes to pass and failed with a final tally of 59 ayes and 37 nays, was one of several slated to be considered Wednesday to amend the Patriot Act. A separate amendment drafted by Kentucky Sen. Mitch McConnell, a Republican, would expressly allow the collection of web search and browsing data under section 215 of the Patriot Act, which doesn't require that investigators show probable cause. The Wyden-Daines amendment, by contrast, would've given government the ability to request the data under a separate part of the law, Title I, which does require probable cause.
The vote came more than a month after three sections of the USA Patriot Act expired in March. Section 215 allows the government to collect data that's "relevant" to counterterrorism or counterintelligence investigations, with approval of the FISA court. Also under consideration Wednesday is a bipartisan amendment from Sen. Patrick Leahy of Vermont, a Democrat, and Mike Lee of Arizona, a Republican, that would strengthen the process for flagging potential violations of constitutional privacy rights in government requests. Another amendment, from Sen. Rand Paul of Kentucky, a Republican, would require warrants for data collection on people in the US, and limit the use of data collected through the Patriot Act as evidence in criminal cases or lawsuits that are outside the jurisdiction of the FISA court.
In addition to his amendment permitting the collection of browsing and search history without probable cause, McConnell drafted an amendment that would limit the use of Patriot Act powers for investigating candidates for federal office. The amendment comes as President Donald Trump and members of his administration have criticized FBI investigations into members of his campaign team using Patriot Act powers.
McConnell didn't address the Senate regarding the Wyden-Daines amendment, and his office didn't respond to a request for comment on his drafted amendments.
Wyden had said his amendment was especially important now that millions of Americans are at home to help curb the spread of the coronavirus, relying on the internet to work, educate their children and access information.
"Stand up for those millions of people who have to be at home," Wyden had said.
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Senate rejects tougher standards for collection of search and browsing data - CNET
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