The House just voted to pass the USA FREEDOM Act, which reauthorizes and alters Section 215 of the PATRIOT Act, with a vote of 338 to 88. It’s being depicted as a landslide in favor of reform. It is, sadly, anything but. This is why.
Last week’s ruling by the 2nd Circuit fundamentally changed the Congressional debate. Senator McConnell, the Majority Leader, had been pushing for a straight reauthorization of Section 215 of the PATRIOT Act. But the 2nd Circuit ruling said, among much else, that if Congress did a straight reauthorization of the same language, then their ruling that mass metadata surveillance was unlawful would still stand. In other words, straight reauthorization will no longer get surveillance defenders what they want. So, as the next best thing, the administration and the intelligence committees swung behind the USA FREEDOM Act. This Act would impose token limits on how much they can collect with a single request, but would modernize intelligence collection for a world where much communication is not an actual phone call. As a compromise between moderate surveillance reformers and the intelligence community, it actually offers a lot that the intelligence community likes. So it looks much better to them at this point than straight reauthorization (=no mass metadata surveillance under Section 215) or straight sunset (=no mass metadata surveillance under Section 215).
How do we know this happened? We can measure it.
Continue reading Most Reps Voting for USA FREEDOM Were Opponents of Surveillance Reform
There are people who will tell you that the fact that the Republicans now control 53 Senate seats as well as a large majority in the House, will lead to actual and meaningful legislative action, whether on immigration, tax reform, or infrastructure spending. Oh, those people are going to be so frustrated by the next two years.
Both Congress and the President have strong incentives to play to their bases so that the bases turn out in 2016, so they will still highlight hot-button issues that will activate them. The mysterious thing is that there is plenty of bipartisan consensus in Washington; it’s just that it applies only to certain issues, and doesn’t get reported on much because neither party wants to highlight it. Specifically, there is genuine, friendly, unstated bipartisan consensus on the set of policies that buttresses the party elites’ authority and prosperity.
What supports the elites? War; monopoly; a crisis-hungry unity between corporations and the state, in the name of “national security.” A revolving door between the two. Corrupt, no-bid contracts. Open bankrolling of political campaigns. And underpinning it all, mass, suspicionless surveillance to monitor any discontent with this state of affairs. It’s not a coincidence that new authority for a war of extirpation against ISIS is likely to be high on the new Congress’s agenda; without an external enemy, without war, looting the state gets much harder.
These matters will not fill the TV news, however – not when the much juicier stories of repeated efforts to repeal Obamacare and impeachment of the President are available as narratives. These narratives, at least, don’t require news outlets to examine their own complicity in in supporting the elites.
Continue reading Midterms & Mass Surveillance, Part III: Congress & Obama At Daggers Drawn…Except Where It Counts