The key is the PATRIOT Act’s extension of “material support for terrorism” to include associational and speech crimes, even where the defendants had no intention of supporting violence. In Humanitarian Law Project v. Holder (2010), the Supreme Court denied a First Amendment defense to the terror prosecution of a charity whose offence entailed funding workshops encouraging non-violence in Turkey (in the same Term that the Supreme Court held that corporations do enjoy a First Amendment right to buy elections).

We had one moment where this was subject to any debate at all, during the fight over the FISA amnesty legislation. But that was really about a small portion of the total data collection. Most of the surveillance remains a secret. Ron Wyden and Mark Udall tried to tease out a little more this summer, when they tried to get the intelligence community to admit to how they were misinterpreting the Patriot Act to allow for more data collection. But that never went anywhere. From NSA surveillance to national security letters to the AT&T room on Folsom Street in San Francisco, what bits and pieces we do know about point to a giant network Hoovering up every piece of information you let out into the world digitally.

Chuck Todd improperly called signing the PATRIOT Act with an autopen “robosigning.” They’re not actually the same thing. Robosigning as currently used is when a poorly paid live person signs a name to a document (though maybe not the one whose name gets signed), claiming to attest to the accuracy of documents without actually doing so. By ordering that PATRIOT be signed using his autopen, Obama gave the law the full weight of law, yet without actually signing the document.

Why does Mr. O hate our civil liberties?

Wyden and Udall are trying to swap out that language to require that the information both be relevant to an investigation and be tied to some suspected terrorist (or Julian Assange).

It appears that Rand Paul has reached some kind of deal on his insistence to get votes for his amendments to the Patriot Act. There will now be votes on the amendments, with a likely 60-vote threshold. But the expectation is that the amendments will fail, and final passage will be secured Thursday. That will be followed by a quick vote in the House, and then a flight of the bill to Europe so President Obama can sign it before a midnight deadline when the three provisions of the measure would expire. And you said Congress can never be efficient. They can when motivated!

Provisions slated to expire include: the “roving wiretap provision,” which permits government to obtain intelligence surveillance orders without identifying the person or the facility being tapped (Section 206 of the Act); the “Lone Wolf” provision, which permits intelligence agencies to survey non-US persons not affiliated with a foreign organization (Section 6001 of the Act); and Section 215, which grants government authorization to obtain “any tangible thing” relevant to a terrorism investigation, even if there is no evidence the “thing” pertains to the terrorist or terrorist activity under investigation.

Now, ten years after 9/11, with Osama bin Laden dead, in a broad bipartisan vote, the United States Senate moved forward with another extension of the “temporary” Patriot Act. The vote was 74-8. Both the support and the very limited opposition to this extension were near-even slits along party lines; true bipartisan efforts.

There is still bipartisanship in Washington when something like depriving civil liberties in the name of Terror has to get done. We may have killed Osama bin Laden, but we have yet to slay the Boogeyman.

The Senate will vote later today on a motion to proceed to S.1038 which would extend three expiring provisions of the Patriot Act for four years, with almost no debate.

UPDATE: The Senate passed cloture 74-8, so they’ll proceed to the bill. Final passage is expected Wednesday.