A House vote on extending provisions of the Patriot Act that will lapse on February 28 failed. The three provisions concerned authorizing the FBI’s use of roving wiretaps, granting the government access to “any tangible items” of individuals under surveillance, and allowing the surveillance of individuals and groups not connected to identified terrorist groups. The House bill would have extended these provisions until December. The Senate Judiciary Committee is considering a bill that would extend the expiring provisions to 2013. Senator Patrick Leahy (D-VT) issued a statement explaining that he did not support efforts to extend the provisions that “undercut important oversight and government accountability of these intelligence gathering tools.” EPIC, through the Freedom of Information Act, recently obtained from the Intelligence Oversight Board, internal reports of intelligence law violations by the FBI that do not comply with Attorney General guidelines for oversight. EPIC has in the past urged the Senate Judiciary Committee to require the Attorney General to report to Congress on potentially unlawful investigations. For related information, see EPIC: USA Patriot Act and EPIC: PATRIOT FOIA Litigation.
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by Ryan Calo, A. Michael Froomkin,