US surveillance powers expire as Senate deal fails

The legal authority for US spy agencies to bulk collect Americans' phone data has expired, after the Senate failed to reach a deal.

The relevant provisions of the Patriot Act lapsed at midnight (04:00 GMT).

However, the Senate did vote to advance the White House-backed Freedom Act so a new form of data collection is likely to be approved in the coming days.

The Freedom Act imposes more controls following shocking revelations by Edward Snowden.

The former National Security Agency (NSA) contractor first exposed the extent of the data collection in 2013.

'Silver linings'

The White House described the expiry of the deadline as an "irresponsible lapse" by the Senate.

"On a matter as critical as our national security, individual senators must put aside their partisan motivations and act swiftly. The American people deserve nothing less," it said in a statement.

The failure to reach a deal means that security services have temporarily lost the right to bulk collect Americans' phone records, to monitor "lone wolf" terror suspects and to carry out "roving wiretaps" of suspects.

The government can still continue to collect information related to any foreign intelligence investigations.

Analysts also said there could be workarounds to allow continued data collection in some cases. Authorities could try to argue that older legal provisions - so-called grandfather clauses - still apply.

However, the NSA, which runs the majority of surveillance programmes, has begun switching off its servers that collect the affected data.

The failure to reach any agreement in the rare Sunday sitting of the Senate was the result of the actions of Republican presidential hopeful Rand Paul.

A libertarian, Mr Paul led a filibuster - using extended debates to delay or block the passing of legislation - to stop the quick passage of the Freedom Act, arguing that data collection is illegal and unconstitutional. He also blocked an extension of the Patriot Act.

On Sunday he said: "This is what we fought the revolution over, are we going to so blithely give up our freedom?"

Bulk data collection rulings

NSA phone surveillance first revealed in June 2013 by Edward Snowden

Federal judge in Washington rules in December 2013 that mass collection may be unconstitutional

A week later, a New York district judge says it is legal

House of Representatives passes bill in May 2014 to end NSA bulk collection

A few days later, President Barack Obama tells Congress to pass a bill ending the practice

After the deadline passed, he added: "Tonight begins the process of ending bulk collection. The bill will ultimately pass but we always look for silver linings. I think the bill may be replacing one form of bulk collection with another but the government after this bill passes will no longer collect your phone records."

His actions have infuriated many other Republicans. They left the chamber en masse when Mr Paul rose to speak.

Senator John McCain said Mr Paul was putting "a higher priority on his fundraising and his ambitions than on the security of the nation".

The situation was uncomfortable for Senate Majority Leader Mitch McConnell, who has endorsed Mr Paul's presidential campaign, and led to a dramatic reverse by the Republican-controlled Senate.

The Freedom Act had been approved by the House of Representatives and the White House but the Senate rejected it last week by a vote of 57-42.

Once it became clear that the Patriot Act extension would not be possible, senators voted 77-17 to move forward with the Freedom Act.

Mr McConnell, who had opposed the bill originally, said that senators were left with little choice but to pass it in order to restore surveillance powers.

"It's not ideal but, along with votes on some modest amendments that attempt to ensure the program can actually work as promised, it's now the only realistic way forward," Mr McConnell said.

The BBC's North America Editor Jon Sopel says that although the new legislation is likely to be passed in the coming days, the delay will be seen as a victory for Mr Paul.

Mr Paul's embrace of civil liberties is bringing new members to the Republican Party, but at the same time is alienating many others, he says.

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