Congress allowed three counterterrorism laws to expire just after midnight last night, which will impact how the NSA conducts wiretaps and requests records from businesses. However, there is a grandfather clause for investigations that began prior to June 1 and the FBI could still use a grand jury subpoena to obtain records in most terrorism-related cases. “The fact that Congress allowed the laws to lapse — the most important of them is the purported legal basis for the bulk records collection program — is an extraordinary moment in the story of the tensions between post-9/11 policies and privacy rights,” suggests The New York Times.
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