Despite bipartisan concern about extensive violations and lack of civil liberties safeguards, on May 26, 2011 three expiring domestic surveillance provisions of the Patriot Act were extended until 2015. The Patriot Sunsets Extension Act of 2011, signed via autopen by President Obama, extends federal authority to obtain personal and financial records of individuals without their knowledge or a court order, use roving wiretaps to monitor electronic communications of suspected targets of an investigation and the never used “lone wolf” provision (additional information about all three provisions is available here).

Sen. Mark Udall (D-CO) said the passage means that “the federal government will continue to have unrestrained access to private information about Americans who have no connection to terrorism – with little to no accountability about how these powers are used.”

In the days leading up to the vote on Patriot Act reauthorization, members of the Senate Intelligence Committee raised concerns about the way the Department of Justice has used these powers. “When the American people find out how their government has secretly interpreted the Patriot Act,” Sen. Ron Wyden (D-OR) said, “they will be stunned and they will be angry.”  In response, Sen. Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee, agreed to hold a hearing about these concerns in June.

Several Senators offered amendments to the three provisions that would allay some of the privacy concerns, but none were passed and many did not receive a vote. One amendment would have required the FBI to show a definite link to terrorism when it sought a court order requesting access to personal business records. “This is currently not a requirement, meaning the government may demand access to business records ranging from a cell phone company’s phone records to an individual’s library history,” said Udall.

Another amendment that did not receive a vote was introduced by Sen. Rand Paul (R-KY) and would have required the government to identify the person or phone to be wiretapped.  Paul said, “Today’s events further underscore the U.S. government’s lack of transparency and accountability to the American people.”

Despite the extension, efforts to reform or end these provisions will continue. Ten Senators have co-sponsored the USA PATRIOT Act Improvements Act of 2011 (S. 1125), which would improve safeguards for civil liberties on some of the surveillance powers.  Lynne Bradley, the American Library Association’s director of the Office of Government Relations, said, “I think the message is getting out there, and Senators Leahy and Paul…recognize the need to make these reforms to address privacy and civil liberty concerns.”