Comedian John Oliver Joins Critics of Patriot Act

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The June 1 deadline for reauthorizing the Patriot Act got a lot of attention last Sunday night when comedian John Oliver, the host of HBO’s Last Week Tonight, extended his show to accommodate a 33-minute discussion of the law that included an interview with National Security Agency (NSA) whistleblower Edward Snowden. The interview was taped in Russia, where Snowden has found sanctuary from the efforts of the United States government to prosecute him for leaking documents.

The interview was a coup for Oliver, who traveled to Moscow to question Snowden in person. Snowden has given other interviews and was the subject of the Academy Award-winning documentary Citizenfour. But critics noted that Oliver questioned Snowden vigorously. At one point, he insisted that Snowden accept responsibility for the fact that the New York Times, citing a document it received from Snowden, accidentally revealed information about the surveillance of al-Qaeda operations in Mosul, Afghanistan. Snowden accepted the criticism, acknowledging that some of the information he leaked has the potential to damage security efforts.

Although the Snowden interview generated some headlines, the larger purpose of Oliver’s program was to draw attention to the danger of Section 215 of the Patriot Act, which authorizes the government to demand “any tangible thing” that is relevant to a terrorist investigation, including the records of bookstores and libraries.

On Wednesday, the American Booksellers for Free Expression (ABFE) joined the American Library Association, the Electronic Frontier Foundation, and 31 civil liberties and human rights groups in launching the new website Fight215.org, which will mobilize grassroots support for amending Section 215. The site features tools that make it easy for members of the public to contact their representatives in Congress, including one that facilitates telephone calls and a Twitter tool that makes it possible for people outside the country to send tweets to Congressional leaders.

Congress has only six weeks to pass a reauthorization bill. Although Section 215 expires on June 1, Congress must vote by May 22, when it is scheduled to adjourn for its Memorial Day recess. No reauthorization legislation has been introduced since the USA Freedom Act fell two votes short of passage and died in the Senate last year. Democrats and Republicans remain deeply divided over the necessity for amending Section 215. However, another reauthorization appears inevitable since almost no member of Congress wants it to expire.

On March 25, ABFE joined a letter to President Obama and members of Congress to urge that any legislation reauthorizing Section 215 include “a clear, strong and effective” end to the bulk collection of data on Americans. One of the most explosive secrets revealed by Snowden’s leaks is that the NSA is using Section 215 daily to authorize the collection of the telephone records of millions of Americans.  

Critics of the Patriot Act hope that Oliver’s discussion of the law will help their efforts to stir grassroots opposition. During his program, Oliver argued that reformers have failed in their efforts because they have not captured the public’s attention. He pointed to interviews his crew had taped with people in New York’s Times Square. Most had not heard of Snowden or confused him with Julian Assange, the founder of WikiLeaks, which has become notorious for releasing secret government documents without any obvious concern for the damage that they might cause. Snowden’s documents were given to journalists working for leading newspapers. The newspapers made the final decision about what information would be made public.

Oliver said much of the problem is that the debate over the danger of surveillance has been too abstract. If people knew how much of their personal information was in government hands, they would feel differently, he said.

To prove his point, Oliver asked Snowden whether the NSA has access to the nude photos that people post online. Snowden confirmed that nude photos were routinely collected. “Would this include a picture that someone took of their own penis?” Oliver asked. “Yes,” Snowden said, looking a little uncomfortable.

Notwithstanding the theatrics, Oliver’s point was a serious one delivered against the background of an unusually detailed review of the Patriot Act and the concerns it raises. He also proved his point that people care about their privacy when it is explained to them in concrete terms. As of Wednesday, four million had watched the episode on YouTube.