A look at the expired surveillance provisions

Jun 1, 2015, 3:00 PM

A look at the post-Sept. 11 surveillance provisions that expired Sunday. In most cases existing investigations are grandfathered, meaning they can still make use of the authorities:

–Section 215 of the Patriot Act

This has been used to authorize the National Security Agency’s bulk collection of domestic telephone records, although an appeals court ruled recently that the law could not fairly be read to support that program. The ruling was put on hold pending the debate in Congress. Section 215 is also used by the FBI about 200 times a year to obtain all manner of business records, including hotel bills, travel vouchers and Internet data, relevant to a terrorism investigation. The FBI says that collection is extremely useful, though a recent Justice Department report said the bureau could not point to any terrorism cases cracked because of the program, as of 2009. For new investigations, the FBI will have to go back to pre-Sept. 11 language that is much more restrictive.

–Section 206 of the Patriot Act

This authorizes “roving wiretaps” in national security cases. Commonly used in drug cases, such wiretaps allow the FBI to target a suspect rather than a device, to account for a suspect who discards phones to dodge surveillance. In the national security context, they are more often used in spy cases than terrorism ones, officials say. For new investigations, the FBI now has to get a separate order for each communications device it wants to intercept.

–Section 6001 of the 2004 Intelligence Reform and Terrorism Prevention Act

The “lone wolf” provision has never been used. It is designed to allow the FBI to eavesdrop on a non-U.S. person who is not affiliated with any foreign power, including a terrorist group.

___

A look at the three changes Senate Republicans want to make to the USA Freedom Act, the House-passed bill that would transition the NSA out of domestic phone records collection. That bill would allow the NSA to search phone records held by phone companies pursuant to court orders in terrorism investigations.

–Require that the Director of National Intelligence reviews and certifies that the new system of the NSA searching records held by phone companies will work.

–Require telephone companies to notify the government if they change their data-retention policies.

–Extend to 12 months from six months the transition period during which the NSA will continue to collect American calling records.

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A look at the expired surveillance provisions