For Senate Republicans, the correct way to respond to a tragedy is either to do nothing or to expand the surveillance state. Today, Senate Republicans attempted to do the latter.
On Monday, Senator John McCain (R-AZ) filed an amendment to the Commerce and Justice appropriations bill to allow the FBI to access citizens’ browsing history without a warrant:
As a provision of the Patriot Act, which was passed after 9/11, the FBI can, without a warrant, force banks, phone companies, internet businesses, and others to hand over a customer's name, address, and billing records. But it needs a warrant to access citizens' email metadata, like details about who sent or received an email and when they sent it. The FBI also cannot access a citizen's web browsing history information without a warrant.
McCain's amendment would allow the FBI access to people's browsing histories and email metadata by broadening the scope of administrative subpoenas known as National Security Letters (NSL).
To put it simply, if the FBI wants to know what time you logged out of your Facebook account, they just need to submit an NSL to Facebook and demand they hand over that information. Often, companies like Google or Facebook will be under a gag order. They could be sharing information about your (not-so-private) online activities with federal agents, and you would be none the wiser.
The amendment narrowly failed, with a vote of 58 to 38. However, it will likely pass when brought back up again. Senate Majority Leader Mitch McConnell (R-KY) voted against the amendment today despite being a co-sponsor and vocal supporter in a procedural move that allows him to bring it back up for a vote. Surveillance champion Dianne Feinstein (D-CA) was not present for today’s vote, and adding Feinstein and McConnell would give the amendment its required 60.
Only 6 Republicans voted against the amendment on grounds of opposition. They have generally been opposed to past expansions of the USA PATRIOT Act as well.
Steve Daines (R-MT)
Cory Gardner (R-CO)
Dean Heller (R-NV)
Mike Lee (R-UT)
Lisa Murkowski (R-AK)
Rand Paul (R-KY)
And 12 members of the Democratic caucus voted for the amendment:
Bob Casey (D-PA)
Heidi Heitkamp (D-ND)
Angus King (I-ME)
Amy Klobuchar (D-MN)
Joe Manchin (D-WV)
Claire McCaskill (D-MO)
Barb Mikulski (D-MD)
Bill Nelson (D-FL)
Jack Reed (D-RI)
Harry Reid (D-NV)
Mark Warner (D-VA)
Sheldon Whitehouse (D-RI)