NSA surveillance powers lapse after no deal in US Senate

Washington - The National Security Agency lost its authority at midnight to collect Americans’ phone records in bulk after Republican presidential candidate Sen. Rand Paul stood in the way of extending the fiercely contested programme made public by NSA contractor Edward Snowden.

But that programme and several other post-September 11 2001 counter-terror measures — criticised by opponents as an unconstitutional intrusion into Americans’ privacy — look likely to be revived within days. In an extraordinary Sunday session in the US Senate Republican Senate leaders reluctantly embraced a House of Representatives-passed bill that would extend the provisions while also remaking the bulk phone collections programme.

Although the lapse in the programmes may be brief intelligence officials warned that it could jeopardise Americans’ safety. Paul’s move infuriated fellow Republicans who exited the Senate chamber en masse when he stood up to speak. But civil liberties groups applauded as Paul forced the expiration of the once-secret programme.

With no other options Republican Senate Majority Leader Mitch McConnell took up the House bill the USA Freedom Act which the Senate voted 77-17 to move ahead on.

The White House backs the House bill. White House Press Secretary Josh Earnest said in a statement: “The Senate took an important — if late — step forward tonight. We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible.”

But the Senate adjourned without final action on the bill after Paul asserted his prerogative under Senate rules to delay a final vote for a couple of days. The midnight deadline came and went.

“This is what we fought the revolution over are we going to so blithely give up our freedom?” Paul declared on the Senate floor hours earlier.

Sen. John McCain complained to reporters that Paul places “a higher priority on his fundraising and his ambitions than on the security of the nation.”

In addition to the bulk phone collections provision two lesser-known Patriot Act provisions also lapsed at midnight. One so far unused helps track “lone wolf” terrorism suspects unconnected to a foreign power. The second allows the government to eavesdrop on suspects who continually discard their cellphones.

The House bill extends those two provisions unchanged while remaking the bulk collection programme so that the NSA would stop collecting the phone records after a six-month transition period but would be authorised under court order to search records held by phone companies.

The FBI’s use of the Patriot Act to collect hotel travel credit card banking and other business records in national security investigations would also be extended under the House bill. Law enforcement officials say the collection of those business records is more valuable than the better-known bulk phone collections program. Ongoing investigations would be permitted to continue even though authority for the programmes has lapsed.

Rebooting the phone collections programme would take about a day.

CIA Director John Brennan was among those warning that letting the authorities lapse even for a time will make America less safe.

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