Senate Fails To Reauthorize Patriot Act Provisions 538
PostConsumerRecycled writes "CNN is reporting that 'The Senate on Friday rejected attempts to reauthorize several provisions of the USA Patriot Act as infringing too much on Americans' privacy and liberty, dealing a huge defeat to the Bush administration and Republican leaders ... If a compromise is not reached, the 16 Patriot Act provisions expire on December 31.' The story also links to listing of the provisions that will expire."
A light in the darkness. (Score:4, Insightful)
It's rather wryly amusing that the event that might have tipped the scales against the renewal of the Patriot Act was Dubya authorizing the unlawful surveillance of American citizens [slashdot.org].
Honestly, we can't expect any better conduct from Bush, a president who has been quoted as saying the Constitution is'just a goddamned piece of paper' [rense.com]. Apparently he's forgotten all about that oath he took twice to uphold said 'piece of paper'. Fortunately, it looks like most of the Senate (including a few noteworthy Republicans who crossed the aisle on this one) have a slightly higher regard for the Constitution of the Unites States.
Excellent quote from TFA:
Just a (Score:2, Interesting)
Assuming it's true he said that, I wish someone had stepped up and replied "... and the bible is just a god damned [human authored] book"
Re:Just a (Score:3, Insightful)
The statement that the constitution is a piece of paper is undoubtedly false. It may be written on a piece of paper but that's not the same thing at all. Destroy the paper and the constitution still exists. It's an abstract, a set of rules setting out powers and responsibilities of governement, not a piece of paper.
There is still plenty of time for this to pass (Score:2)
Re:A light in the darkness. (Score:5, Insightful)
Wasn't that Capitol Hill Blue article highly suspect? When I read it it just didn't sound real; no source is cited, and the quotes were just ridiculously over-the-top.
I'm not defending the President, mind you; I'm just saying we don't need fictional arguments against him when we have plenty of factual ones.
Re:A light in the darkness. (Score:5, Insightful)
Re:A light in the darkness. (Score:5, Interesting)
I doubt he was 100% serious, but I wouldn't put it past him to state it.
Re:A light in the darkness. (Score:2)
I'm sorry, but this is the first I've ever heard of this--th
Here's the reference to Bush's remark (Score:5, Informative)
Re:Here's the reference to Bush's remark (Score:5, Informative)
http://www.capitolhillblue.com/artman/publish/art
The second post is a follow-up to the follow-up that he wrote,
http://www.capitolhillblue.com/artman/publish/art
Re:A light in the darkness. (Score:2)
Re:A light in the darkness. (Score:2, Informative)
Not most -- a majority voted to end the filibuster, but they fell short of the required 60%.
Re:A light in the darkness. (Score:5, Funny)
Make that three times. He's ex-military, remember?"
Nice recycled quote (Score:2)
"Those that would give up essential liberties in pursuit in a little temporary security deserve neither liberty nor security," said Sen. John Sununu, R-New Hampshire.
Don't worry, Sununu didn't come up with that quote on his own. That's copied verbatim from Ben Franklin. Someone screwed up citing that.
Re:A light in the darkness. (Score:5, Informative)
How about this [yahoo.com]
"Some NSA officials were so concerned about the legality of the program that they refused to participate, the Times said. Questions about the legality of the program led the administration to temporarily suspend it last year and impose new restrictions."
When even people inside the NSA question its legality I'd say it's pretty clear it has crossed the line.
Re:A light in the darkness. (Score:5, Insightful)
I get the impression that McCain just plays the moderate to increase his chances of being president someday. He says he opposes torture, but when the time came to act he did nothing. It was not until the torturers were safely reelected that he decided to criticize them. If he were president, could we trust him to do the right thing even if his Republican masters disagreed? I don't think so.
Re:A light in the darkness. (Score:3, Insightful)
I'm fairly sure McCain is opposed to torture in truth -- and I think you would be, too, if you knew your history a little better.
Until you have been a prisoner, you can not know what it's like. Until you have been tortured, you can not know what it's like.
I think Senator McCain would do all he could to stop someone from being tortured.
Re:A light in the darkness. (Score:5, Insightful)
I don't think it is acurate to term them his masters. McCain opposes the administration's stance on torture specifically, but has said he thought that a second Bush term would make the country safer than a Kerry presidency.
We have every right to critize McCain's judgement in placing more importance on Bush's reelection than on airing his disagreements with the administration, and we have every right to criticize his judgement in thinking that Bush was the better choice. Nevertheless, I think it would be wrong to think of him as beholden to "Republican masters."
The real question is if McCain thinks two conflicting goals are both the right thing, will he make the same judgement between them that we would desire?
Fails? (Score:5, Insightful)
Republicans' temporary failure against filibuster (Score:5, Insightful)
I can't really call this a success, because the Senate didn't have the guts to actively reject it, but at least it's a start.
Re:Fails? (Score:4, Insightful)
You're obviously not a Senator.
If you look at it from the point of view of someone who stands to get a lot of campaign donations in exchange funneling federal dollars to surveillance and detention centers in his constituents' disctrict, and a lot of votes from his constituents for the jobs they'll get running the camps and being on the Stasi payroll, it's indeed a failure.
All around the world, freedom is on the march! Why does the Constitution stand in the way? The constitution hates us for our freedom!
Re:Fails? (Score:5, Insightful)
Now that's just irresponsible of you. The article states that a whopping FIVE Republicans joined 42 Democrats in the filibuster. Only TWO Democrats voted to end the filibuster. But it gets better! One of those FIVE Republicans is Bill Frist, who changed his vote at the last minute just so he could be voting with the winners.
It may be unpleasant for some, but the truth is that the VAST MAJORITY of Republicans want to extend the Patriot Act and the VAST MAJORITY of Democrats want to end it. You cannot have had an adequate mathematics education if you insist that this vote was not along party lines.
Re:Fails? (Score:3, Informative)
Thus, the final Senate vote was 52 yea, 47 nay (60 yea votes needed for cloture), with 42 of 45 Democrats and the independent but only 4 of 55 Republicans opposing the act.
Senator Russ Feingold (D-WI) was the only Senator to vote against the Patriot Act the first time around and rallied the opposition this time. Senator Feingold spent the week blogging on t
Russ for President in 2008 (Score:5, Insightful)
Re:Russ for President in 2008 (Score:5, Insightful)
Amen to that!
It's Russ Feingold, not faux "conservative" George W. Bush or the Republican party, who is upholding the most fundamental traditional American value: our freedom from tyrannical government.
Although I'm something of a liberal, I respected Ronald Reagan because he opposed Soviet tyranny. You remember Soviet Russia, right? Where secret police recorded every conversation, where people were arrested without warrants or habeas corpus, where "enemies of the state" were sent to gulags?
Ronald Reagan, whatever his other faults, was against that. George Dubya does all that: he's spying on Americans, arresting US citizens without giving them access to the courts, and legalized torture. He's even re-opened secret prisons in Eastern Europe.
And under Dubya's watch, we've seen extraordinary government secrecy, political appointees overruling government scientist and legal experts, and pervasive corruption in Washington.
This is the limited government and personal responsibility Conservatism is supposed to be all about?
Let's elect Russ Feingold, the only senator with the presence of mind to vote against the original Patriot Act.
Re:Russ for President in 2008 (Score:5, Informative)
Sorry you got modded a troll.
What the moderator probably didn't know is just how instrumental Senator Russ Feingold was in rallying fellow senators' support. Here is the text to his speech:
In the years since the Patriot act was passed.... (Score:5, Funny)
Does this mean... (Score:2)
Re:Does this mean... (Score:5, Insightful)
Re:Does this mean... (Score:5, Insightful)
Not really listening much (Score:3, Interesting)
Shocking (Score:5, Funny)
On the flip side (Score:2)
Sununu (Score:2, Interesting)
Re:Sununu (Score:2)
Sununu is smart. (Score:2)
"One of the Omni readers who scored highest on the Mega Test was John H. Sununu, then the governor of New Hampshire, and later Chief of Staff under President Bush. His score of 44 correct gave him an estimated I.Q. of 180 (achievable by approximately one in 3 million). "
Re:Sununu (Score:2)
I was a bit surprised to see Sununu quoting Ben Franklin myself.
It's Too Bad... (Score:5, Insightful)
Re:It's Too Bad... (Score:5, Insightful)
No terrorist attack = "It was working, see!"
Terrorist attacks = "PATRIOT Act wasn't enough, that's why we need PATRIOT Act II!"
And the other argument that "Hey, (almost) no one you know was a target of the act!" Nevermind that you would never find out if they did, and there are provisions that makes it illegal to talk about it if you got investigated..
Whatever happened to transparency?
Re:It's Too Bad... (Score:5, Interesting)
And it is quite possible to plan a large-scale attack on Americans without setting foot in the United States (for example, this [wikipedia.org]). But thanks to a stubbornly unilateral foreign policy, the United States has trouble getting the international cooperation it needs to protect its citizens.
Thirty years from now, the current administration will be a textbook example of how not to conduct a campaign against terrorism.
Re:It's Too Bad...I can't see straight. (Score:5, Informative)
But it's still a little spooky that (if I remember correctly) the "New American Century" document that anticipated Bush's Iraq policy included an observation that a catastrophe "on the order of Pearl Harbor" might be necessary to win public support for a prolonged war in the Middle East. Many of the authors of that 1990s paper later played (and still play) key roles in the Bush administration.
put another way (Score:3, Interesting)
WOOT! (Score:3, Funny)
Law? (Score:4, Insightful)
The is no provision for the PATRIOT Act in the Constitution.
Don't believe it is Bush's doing, either. Both parties are equally guilty of violating their oaths to uphold the Constitution.
Re:Law? (Score:5, Insightful)
Actually, there is. It's called Amendment X:
This one has been so abused and forgotten, it isn't funny. All this says is that abortion falls under the power of the states or the people... not the federal government. Yes, I know it doesn't say "abortion," but abortion falls under the set of things "not delegated to the United States by the Constitution, nor prohibited by it to the states."Re:Law? (Score:3, Insightful)
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
My Favorite Amendment. (Score:3, Insightful)
Or to put it in plainer English, "You still have *all* your rights, even if we didn't mention them here."
This is the clause you use against those who claim "There is no Constitutionally guaranteed 'right to privacy'". Yes there is, the Founders just didn't bother to enumerate it.
Re:Law? (Score:3, Interesting)
However, the big inconsistency is the implications of such a widespread privacy connotation by the constitution. RvW applies it only to abortion as that is a medical decision of a woman doing something private to her body. There really is no reason why such a decision doesn't also make all drug use legal, as well as euthanasia, suicide, even bloodsports.
Feingold fillibustered it (Score:4, Informative)
a good thing? (Score:4, Interesting)
Well, Bob, (Score:2)
Bad title of story (Score:5, Insightful)
should be named into
Senate rejects to reauthorize Patriot Act Provisions
link to patriot act (Score:2, Informative)
Finally something truly patriotic. (Score:5, Insightful)
How did *your* Senator vote? [senate.gov]
Re-frame the debate (Score:5, Insightful)
Unfortunately, this means we have to ask ourselves why people want to kill us. The GWB story is that they are jealous because we are the embodiment of god's will (I'm paraphrasing). Personally, I think it is more closely related to foreign policy especially as it relates to domestic energy policies.
If the notion that we might want to understand why terrorists, and deposed dictators don't like us is too unpatriotic, then I guess we will continue with the same type of policies. Considering that we sold Saddam WMDs and trained and funded Al Qaeda this might be worth a second look.
Re:Re-frame the debate (Score:3, Interesting)
Re:Re-frame the debate (Score:3, Informative)
A few minutes of thought and any literate person of any degree of intelligence would dismiss politicians as con men. However, has any "journalist" on television, radio or in print eve
Word choice (Score:5, Insightful)
This is NOT over!! (Score:5, Insightful)
Note that Sen. Frist voted with the majority. He didn't do this because he agreed that the act should expire, but because it will allow him to call a new vote whenever he sees that he can turn the tables. And given his Senate leadership position, that means he can wait until a few people leave chambers and call a quick vote very easily.
This will not be over even if the act does expire... you can expect to see some provisions stealthily wedged into unrelated bills next year. The only way to really end this is to elect a Congress and President that takes civil liberties seriously.
Get on it, people. The 2006 Congressional elections are coming up fast.
One sided debate (Score:3, Insightful)
Most of the provisions are just common sense loopholes in the old law that should be permanently plugged. For example, roaming wiretaps. So, I can get a warrant to wire-tap a particular phone, regardless of who is using it, but I can't get a warrant to on-the-fly wiretap any phone the suspect happens to pick up. How does that make any sense at all? The Patriot Act plugs this silly problem because technology allows an officer with a warrant to wiretap an individual to immediately tap any phone the suspect picks up within a matter a seconds.
And even then the Patriot Act limits this ability to terrorism investigations. Law enforcement has had this ability for years when dealing with organized crime, but it has been prohibited in other types of investigations. Only a moron would think this provision an assault on civil liberties.
Or how about the provision that allows spy agencies to share intelligence they have discovered with law enforcement agencies. This was a big problem leading up to 9/11, where intelligence agencies had information that would have gave the FBI a fighting chance at preventing the attacks, but by law weren't allowed to share the information. Yeah, I can see how letting the CIA tell the FBI about some terrorist that just entered the country might infringe on my civil liberties....NOT.
The list goes on but I think you get the point. There are certainly some provisions that are a little questionable, but on the whole the Patriot Act makes a lot of sense. I really fail to see how any of these provisions could be construed to reach the level of 'unreasonable searches and seizures". Just more ACLU propoganda run amuck.
If you want a two sided debate, how about somebody post a specific provision of the Patriot Act that they don't like and explain how it personally affects their personal liberties.
Re:One sided debate (Score:3, Insightful)
If ONE innocent dies then the plan is flawed. so one provision in the Patriot act that violates the Constitution means you throw the whole damned thing out.
The problem is that 99.997% of everything passed is never read. Let's pass a quickie law that states for ANY bill to recieve a vote all voting must have read it in it's entierty and understand it.
THAT would solve the problem. Almost all
The Gov't The People (me) (Score:5, Insightful)
210, 211 allow the government to retrieve non-content information from ISP's including IP address assignments, billing and payment information (including bank account and credit card numbers)
Inform me if I'm wrong, but this applies to everyone reading this post. The gov't can get the account numbers from the credit companies, so why are they obtaining it from ISP's? (of course, this is to identify accomplices who pay for the internet service...but, I'll continue) As a network administrator, I protect my users by limiting the duration network logs are stored. Unfortunately, I cannot do the same with billing and payment information. When the government comes knocking, I have to cough up anything they wish for and they're not required to provide a court order to get it.
217 - provides the ability for the gov't to spy on anyone suspected of computer trespassing. Ever visited a questionable site that redirected to another site that was unavailable? How easy would it be to redirect an unsuspecting user to an access controlled gov't page - thereby implicating them as a computer trespasser. It's easier than you might think.
Have you been spied on by a foreign gov't yet? You'll probably never know because 218 defines that secret searches can now be authorized by a secret court without public knowledge or Department of Justice accountability, so long as the government can allege there is any foreign intelligence basis for the search.
Ooh, I totally skipped 215 that private records aren't private to the gov't. Oh yeah, they can seize them without warrant.
I would hope that these sections don't apply to me. 210 and 211 apply to me, but I resist them as much as possible. Unfortunately, I'm not allowed to talk about any gov't entities that requested that information from me. The rest, I would never really know if they apply to me or not, as they gov't isn't required to tell me, or anyone that they've utilized the provisions.
IMHO, the gov't has way overstepped it's boundaries, and has been doing so for decades. If the People don't take control of the gov't, one day, the sheep...er...people will wake up to find they are no longer free. On that day, you'll find me (if you can) living deep in the sticks with my kitty-cat, tinfoil hat and guns.
Re:One sided debate (Score:5, Insightful)
I don't see why that should count against Slashdot. 95% of Congress didn't read it before they passed it in the first place.
(By the way, I'm not kidding. They really didn't.)
Re:One sided debate (Score:3, Insightful)
Recall yourself back to the fall of 2001. We had the terrible shock of 9/11 of that year. By October 26th, the USA Patriot Act (hereafter referred to as the UPA) was signed by the President. Forty-five days may sound like it was plenty of time for Congress to properly consider a bill of such potential sensitivity. Indeed, it might have been.
But Congress did not have 45 days.
This bill was introduced in the House on October 23, a fact which
passed and signed before it was printed! (Score:5, Insightful)
Hopefully, this unconstitutional abomination of a bill will never resurrect itself. Any congressmen who tries to bring this monstrosity back should be tried for treason. Why do we need to worry about terrorists when gutless politicians do more damage to the Constitution than a bomb ever could?
Re:Off topic article? (Score:5, Insightful)
Much of the Patriot Act has the capability to intefere greatly with your little nerd glass bubble, heard of the phrase "why do you use encryption, unless you've got something to hide."
whether or not you want to accept it, talk of _rights_ is news not just for nerds, but for everybody.
Re:Off topic article? (Score:3, Insightful)
Re:Off topic article? (Score:2)
Re:Would it be inappropriate.... (Score:4, Insightful)
I'm just annoyed that so many have soiled the heart of Christ's work by wrapping their fear and power-hunger in the trappings of faith and patriotism. And by so doing, ruining the good reputation of the sincere version of both of those.
I rejoice that the growing totalitarianism has been momentarily forestalled. Keep up the good work, ladies and gentlemen of the U. S. Senate.
ps: WTF's a "baptist voice"? We have individual voices, you know. Because we're individuals, right?
Re:Would it be inappropriate.... (Score:5, Funny)
We only use "they" when the subject is plural. In this case, since "individual" is singular and the pronoun is possessive, we would use "his."
Of course, the original poster could be a feminist, and then the rules of English do not apply.
Re:We don't deserve to win (Score:2)
Re:We don't deserve to win (Score:2, Insightful)
True. What bugs me is how this is touted as a defeat "for the Bush administration". As if terrorists only target Republicans!
Re:We don't deserve to win (Score:2)
Re:We don't deserve to win (Score:5, Insightful)
Re:We don't deserve to win (Score:2)
Re:We don't deserve to win (Score:4, Informative)
Re:We don't deserve to win (Score:4, Interesting)
It's in paragraph 36 or 37. The FISC judge resisted wiretaps based on where certain information came from.
Re:We don't deserve to win (Score:2, Informative)
Can't you just get a search warrant (Score:3, Insightful)
Yes we do deserve to win. (Score:2, Insightful)
No. That's what WARRANTS are for!
But the requirement of a warrant keeps things somewhat in check...
Besides, even suspected terrorists are entitled to a full set of inalienable rights...
Yes, it may not be the fastest way to catch *EVERY* terrorist, but it can be highly effective and it is civilized.....
Such check also help prevent gross abuses of power (to some extent).
Re:Yes we do deserve to win. (Score:5, Interesting)
Please refer me to the portion of the National Security Letter provision that requires a judge's authorization before one is issued.
Re:Yes we do deserve to win. (Score:3, Interesting)
Actually...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
...it does. The fact that that's widely ignored and widely allowed might be true, but that's like saying speeding is legal because everyone does it.
Re:We don't deserve to win (Score:2)
Re:We don't deserve to win (Score:2)
You could always ask a judge for permission....like back in the old days where you needed some actual evidence.
Re: (Score:2)
Re:We don't deserve to win (Score:2)
Not true. Read #3 on the list. Tell me where I can find the provision in federal law that allows grand jury information to be shared.
Re:We don't deserve to win (Score:2)
Replace "suspected terrorists" with "a federal judge."
Re:We don't deserve to win (Score:2, Insightful)
It has been said before, but apparently needs to be said again:
This quotation, slightly altered, is inscribed on a plaque in the stairwell of the pedestal of the Statue of Liberty: "They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety."
I also like this one from Ben - "Where liberty is, there is my country."
Re:We don't deserve to win (Score:2)
Re:We don't deserve to win (Score:5, Insightful)
Ask suspected terrorists for permission first before we bug them?
Well, that'd be one way to go about it. Of course, you could also ask a judge. There's this thing called a "search warrant". I've heard they even issued a few BEFORE the Patriot Act was passed.
Of course, you do have to bring probable cause that the person is breaking the law or planning to. What a crazy rule that is, huh?
I mean, what do you think would happen if we allowed warrantless searches, really? That they'd decide to skip any kind of trial too, and just lock those suspected of terrorism up in some remote military base? That kind of thing doesn't happen.
Re:We don't deserve to win (Score:5, Funny)
Warrantless searches can be extremely useful in many circumstances. Suppose that you're in a position of power and somebody is being a pain in the ass by criticizing you in public or - God forbid - campaigning against you? Chances are they have a skeleton or two in their closet, and you need to be able to find it (or put one there for them) to put them in their place. Or, suppose you have connections in high places and you find out that your daughter is dating some liberal hippie? Surely there's something in his house that'll send him to jail for a couple of years (hopefully sans conjugal visits). Or, maybe you want to buy some poor schmuck's house, and he wants more money than you feel a person of your stature should have to pay. He'll reconsider after he starts finding muddy boot tracks on his bedroom carpet.
But even warrantless searches aren't always enough to shield the Prince from those who would spite him. It would also be Good and Necessary to be able to detain people indefinitely without charge, solely on your own authority and without judicial oversight. But I'm dreaming here - no leader of any free society could ever even suggest such a thing!
Re:*sigh* done with filibuster threats (Score:5, Insightful)
So does a multi-party system. We could have a dictatorship and government would be very efficient indeed.
Filibusters are one of the few tools that prevent a slight majority from ramming through whatever legislation they want. Did you pass high school civics? They are in fact a critical part of checks and balances, or balance of power as you call it.
Filibuster = State's Rights (Score:2)
Before the terrible 17th Amendment, Senators were picked by state government, to balance the democratically elected House reps. Senators were to keep government small and defend the rights of the states.
Re:Filibuster = State's Rights (Score:4, Insightful)
The 17th amendment puts more power in the hands of the people. Because there are only two per state instead of somewhere between 2 and 50 per state like the house, senators are in the best position to represent states rights (invariably, it's the little guy who needs the most protection). If your senator is not representing state rights, then vote for someone else. If your senator is not representing state rights, and he was appointed by the state, then who could you turn to? By having an appointed official you don't balance anything. The goverment, whether big or small, needs to be all about the people. The state needs to protect the people, the federal needs to protect the people. How do you guarantee protection other than through your votes?
If anything, there needs to be more official positions that are voted for. </offtopic>
The filibuster is an example of political tactic that has evolved. Just because it was initially meant as a measure to protect state rights, can it not also be a measure to protect individual rights (such as used here)?
Re:*sigh* done with filibuster threats (Score:3, Informative)
Funny, I thought part of thier job was protecting us from our own government's abuse ("Checks and Balances", it's called) as well as fundamentalist nutjobs.
If you call life under new patriot act a "Free society" you are either trying WAY to hard for a +1 funny, or you are out of your bleeding mind.
Re:*sigh* done with filibuster threats (Score:5, Interesting)
All in the name of protecting us from "terrorists"
Re:*sigh* done with filibuster threats (Score:3, Informative)
Horseshit. The main use of the "Sneak and Peak" provision was for drug investigations. [senate.gov]
Whatever you think of the drug laws, peddling dope is not a terrorist activity.
Re:Only used 6 times in 4 years (Score:5, Funny)
Nice specious reasoning by the way. I've got a can of elephant repellent for sale of you want.
Re:Only used 6 times in 4 years (Score:3, Insightful)
I doubt that has anything to do with why it happened. May have had something to do with why it wasn't prevented, but even that is doubtful. In a perfectly totalitarian world we would all just sit around investigating each other so nobody did anything bad. Sure, if all of the different agencies had unlimited funds and a l
Re:Frist quote (Score:5, Interesting)
I prefer the UK version of this one. Courtesy of the Guardian [guardian.co.uk]: