The PATRIOT Act and mass surveillance

The Commission notes the administration’s proposal passed both houses by large majorities and was signed on 26 October 2001; a central part was removing “the wall” between intelligence and law enforcement. [1] The Justice Department defended tools such as roving wiretaps, which follow a suspect rather than one phone. [2]

In June 2013 The Guardian published a top secret court order requiring Verizon to hand over call data, the first story from the files Edward Snowden took. [1]

The Privacy and Civil Liberties Oversight Board found that Section 215 “does not provide an adequate legal basis to support the program,” and that it was aware of “no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack.” [2] In 2015 the Second Circuit held that Section 215 did not authorize the bulk collection. [3]

Section 702, which lets the government collect the communications of foreigners abroad without a warrant, lapsed at midnight at the end of 12 June 2026. Congress had failed to agree on reforms such as a warrant requirement for searching Americans’ data swept up along the way. [1][3] It was the first lapse since the law was written in 2008. Members of the intelligence committees say about 60% of the President’s daily brief draws on it. [3]

The collection did not stop. Certifications already approved by the intelligence court stay in force until they expire; Rep. Jamie Raskin said surveillance would continue “at least through March 17, 2027.” Others, including House Intelligence chairman Rick Crawford, warned that companies might refuse to cooperate and that the data would grow steadily out of date. [3] The Congressional Research Service set out what the repeal does and does not change. [2]