Limits on FBI access to search histories fails by one Senate vote

An effort to protect Americans' browsing and search histories from warrantless government surveillance failed by a single vote in the Senate on May 13. The privacy measure, sponsored by Sens Ron Wyden (D-OR) and Steve Daines (R-MT) got 59 votes, one vote fewer than was needed to overcome a filibuster. The vote was over a section of federal surveillance law that was originally part of the USA Patriot Act in 2001. That provision, known as Section 215, gave the FBI the power to obtain "any tangible thing," including "books, records, papers, documents, and other items," without a warrant. The provision was only supposed to be used for foreign intelligence investigations, not ordinary criminal investigations. Civil liberties groups have long criticized it for its breadth and weak judicial oversight. Section 215 expired back in March, and the Senate is working on legislation to re-authorize it. The current Senate draft prohibits the FBI from using the provision to obtain cell phone location data—though the Supreme Court has already ruled that this information is constitutionally protected, so this may have little practical impact.

On May 13, Sens Wyden and Daines offered an amendment to the reauthorization bill that would stop the FBI from obtaining "Internet website browsing information or Internet search history information" using the Patriot Act. That would force the agency to use other processes—with stricter judicial oversight—to obtain that kind of information. A majority of senators—59 out of 100—supported the amendment.