The Senate just voted to let the government keep surveilling your online life without a warrant
Many senators wanted to forbid the government from secretly collecting information about your internet habits, but an amendment failed by just one vote.
During the coronavirus pandemic, many of us have vastly increased the time we spend online and moved many of the activities from outside of our homes to the confines of the internet. In the middle of this — and with this shift in mind — the Senate voted on Wednesday not to protect Americans’ internet browsing and search history data from secret and warrantless surveillance by law enforcement. The measure needed 60 votes to pass. It got 59.
The outcome is especially frustrating since four senators didn’t vote at all, and at least one would have voted yes. Lamar Alexander couldn’t vote because he’s quarantined. Two others — Ben Sasse and Bernie Sanders — didn’t immediately respond to request for comment on where they were during the vote. An aide told Politico that Patty Murray would have voted yes had she been there, but the senator was not in Washington, DC, when the vote occurred. In the end, the result didn’t come down to party — there were plenty of Republican and Democratic votes on both sides — but attendance.
The vote was for an amendment to the controversial Patriot Act, which would have expressly forbidden internet browsing and history from what the government is allowed to collect through the approval of a secret court. Currently, there is no such provision, which means there’s nothing stopping the government from doing so. The government has an established history of using this method to collect certain types of data about millions of Americans without their knowledge.
“There is little information that is more personal than your web browsing history,” Sen. Ron Wyden, a Democrat who sponsored the amendment, told Recode. “If you know that a person is visiting the website of a mental health professional, or a substance abuse support group, or a particular political organization, or a particular dating site, you know a tremendous amount of private and personal information about that individual.”
“Getting access to somebody’s web browsing history is almost like spying on their thoughts,” Wyden added. “This level of surveillance absolutely ought to require a warrant.”
A little history is useful here. The Patriot Act has been in place since 2001, when it was drafted as a response to the intelligence failures leading up to the 9/11 terrorist attacks. What was once seen by many (but not all) as a necessary privacy compromise to prevent terrorism became a vehicle to secretly collect data on millions of people who weren’t even suspected of a crime. The Patriot Act gained newfound infamy in 2013, when former National Security Agency (NSA) contractor Edward Snowden leaked highly classified documents that revealed how the law was being used to secretly surveil Americans.
https://www.vox.com/recode/2020/5/13/21257481/wyden-freedom-patriot-act-amendment-mcconnell