U.S.: draconian spy laws shut down

Sweeping US surveillance powers, enjoyed by the National Security Agency since the aftermath of the 2001 terrorist attacks, shut down at midnight on Monday after a dramatic Senate showdown that saw even the NSA’s biggest supporters concede that substantial reforms were now inevitable.

The expired provisions, subject to a “sunset” clause from the beginning of June onwards, are likely to be replaced later this week with new legislation – the USA Freedom Act – that permanently bans the NSA from collecting telephone records in bulk and introduces new transparency rules for other surveillance activities. The USA Freedom Act, once passed, will be the first rollback of NSA surveillance since the seminal 1978 Foreign Intelligence Surveillance Act.

But until then, in addition to the expiration of the NSA’s phone records collection, the FBI is prevented from using powers granted under the Patriot Act, including the pursuit of so-called “business records” relating to internet use, hotel and rental car records and credit card statements.

Both developments represent a remarkable capitulation for the Republican Senate majority leader, Mitch McConnell, who had initially sought to simply extend the Patriot Act provisions, despite overwhelming support in the House of Representatives for the USA Freedom Act.

The development was welcomed by the White House, which has also come to support the USA Freedom Act after Barack Obama proposed that the NSA could seek specific records directly from telephone companies instead.

“The Senate took an important – if late – step forward tonight,” White House press secretary, Josh Earnest, said. “We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible.”

McConnell and his colleagues who opposed reform were thwarted in their efforts by a growing backlash by Senate Republicans and, in particular, his Kentucky colleague, Senator Rand Paul.