we're no longer tracking metadata! this is an emergency! i have to notify someone! quickly!old on! (ringing) penis, penis penis! >> jon, i know it's you! for the last time, please, stop calling me and yelling "penis" into the phone! stop it! it's weird! (laughter) >> jon: i have not been calling john oliver all day and shouting penis penis, penis! (laughter) for a while i was just texting eggplant emojis three of them. (laughter) people ask me all the time, what are you going to do when you leave the show? the n.s.a.' metadata collection isn't the only patriot act provision that turned into a pumpkin at midnight. >> the expired programs are the phone data program and wiretaps and the lone wolf provision which can track a suspect not tied to a terrorism investigation. >> jon: can we stop calling them lone wolves, please? they're deranged murderers. lone wolf makes them sound cool like, al quaida can't handle me, man! i'm an alpha dog! i don't need a pack! even though the patriot act expired it doesn't really seem like the country has pummeled into chaotic violence-based terro

and he said, without question you get more information with a warrant than you do through the metadata. when someone commits an act of atrocity there's no question we would get a warrant. but i would go even further. i would say that i want to get more warrants on people before they blow things up. i would say that we need more money spent on f.b.i. agents analyzing data and trying to find out who we have suspicion for so we can investigate their records. i think we spend so much money on people for whom there is no suspicion that we don't have enough time and money left to go after the people who would actually harm us. the people who argue that the world will end at midnight tonight -- the presiding officer: will the senator please suspend. order in the chamber please. please take your conversations off the floor. thank you senator. mr. paul: the people who argue that the world will end and we will be overrun by jihadists tonight are trying to use fear. they want to take just a little bit of your liberty but they get it by making you afraid. they want you to fear and give up your lib

nsa still needs access to this metadata. it's a question of where it's kept. this maneuver means it will go without that access for, what, 72 or 96 hours? it probably won't make a difference, but then again, it might. >> so you're troubled by it? >> yeah. >> on the other hand, does senator paul have a point, because three weeks ago a court of appeals ruled that the patriot act does not authorize this kind of bulk metadata collection and that the program, the specific program, is illegal. >> right. so, senator paul claimed that it's unconstitutional. now, the controlling legal authority there is a 1979 court decision that says, indeed, metadata is not, repeat, is not constitutionally protected. we have no reasonable expectation of privacy there. the second -- >> quickly explain that. what the court ruled is that if i make a call to you, perhaps the conversation between us is protected. >> absolutely. >> but the fact that my number calls your number, since this would go on a phone record, which i think in that case was thrown out in the mail and ick up, the fact

the so-called metadata is a tiny percentage of it. i am not saying that this is a very significant thing trying to take the metadata database away from the nsa and the cia and fbi and everybody else, which most people ignore. the program is so massive that there is no way come anywhere for any terrorist to go to hide. i know. i've been trying to find a shred of privacy since 2006. stanek and i will attest to that as well. >> i want to put this out because this -- do think this phone metadata which is that the administration has basically focused everything on this as a red herring to keep you from looking at everything else they are doing. everything snowden has revealed. there was e-mail metadata which they also claim now that they have stopped, even though it was the most productive program. well, my contention is they haven't stopped it. they almost certainly moved it out of the courts purview because the requirements were to too expensive. that's what chris english said. it was too expensive to do it the way the court wanted them

a court already said the metadata collection program goes further than the patriot act mandate.he patriot act is expiring june 1 anyway put in place after september 11. it was always designed to expire. why should we allow the united states government to continue to infringe upon liberty? >> cotton: the n.s.a.'s telephone metadata program is a critical tool that our national security professionals need to keep us safe. >> mcconnell: the intelligence community needs these tools to protect us from these attacks. >> the founders made sure the first obligation of the american government was to protect the lives of the american people. you can't enjoy your civil liberties if you're in a coffin. (laughter) >> jon: a stern warning about coffins from the guy who won't let new jersey pigs turn around. (applause) by the way -- nice show. tonight's show is brought to you by hog gestation crates! like hog pins for pigs who are still alive. but i guess the lesson is saving american lives is sometimes more important than civil liberties and government overreach. you know, how much is trying t

only the domestic metadata program. it's already extremely limited. i don't think we should be putting the population he of entire countries under the microis scope. when you essentially break the internet by engaging the massive global interconnected internet. there are some reforms of the fisa court that are helpful and operates secret with and passing judgments what the law is in a way i think is unhealthy for democracy. >> greenwald said it is a step in the right direction. qatar was reportedly planning to hold five taliban members for another six months despite their travel ban expiring today but al jazeera has learned that negotiations are still going on, qatar, the taliban and u.s.a. since they were released from guantanamo bay. we should note al jazeera is funded in part by the government of qatar. twonchts big rulings >>> two big rulings today a woman who sued abercrombie and fitch for the wearing of a hajab. lisa stark is live in washington and lisa the court does not often overturn convictions. why did it happen if this case? >> they don't

it is obvious that our metadata is not intended for good against us. i just leave -- believe that rand paul, actions speak louder than words. we will see if those 80 votes come in to pass the patriot act or not. this is a turning point for our country. it's obvious that the people that are not held accountable. ok, so the government gets technology before we do. we are protecting themselves with technology that they have that we are not able to protect ourselves with. the stuff the numbers that are coming out 95.5% domestic cases, i am sorry, but that is ridiculous. trust with our government, how can we have trust with our government if they are lying to us under oath? host: we appreciate your comments. thanks for calling in. the senate came in on a fairly rare sunday session to try to move forward on the expiring patriot act provisions. they were not able to. instead, they have taken up the u.s. freedom act. here is a brief comment. the senate finished up its work just a little bit before 10:00 this evening. the senate votes for closure on the senate

s ability to mass bulk collect metadata.t allows the phone companies to continue to collect this metadata and then the government has to seek a specific court order in order to object take that so doesn't it end mass surveillance from that stand point? >> it requires the phone companies to keep it, so it requires this database to exist. it doesn't mean that the court the n.s.a. has to get a court order every time it wants to access met da data. there's a higher standard they have to meet in order to ask for this information from the telephone companies. i would rather have all of this information divided up to many different companies and have the government ask for it than have the government keep it in place. it still in a sense is a form of mass surveillance, because does allow the government to get this information beyond when there's probable cause warrants that the person is doing something wrong. it is a more mild form of mass surveillance but i think you can still call it bulk collection since there's this system in

so what is the harm of metadata? opponents say, do you want government officials knowing when say, for instance you're phoning a doctor who specializes in something really personal and potentially embarrassing? the government insists it needs this power now more than ever to track terrorists especially given the threats of isis. and they are recruiting at a quick clip in the u.s. they need help. >>> and scrambling to keep the pieces of the pate trict actriot act alive in some way. president obama blaming a few senators a small number, really the president meant, one. the white house response to this. michelle kosinski, the wasshite house is calling this an irresponsible lapse? >> reporter: calling it that for days. without naming names they mentioned things like campaign tactics and a desire to be in the oval office. so i think it's pretty clear who they're referring to on that one. the white house still will not spell out whether or not americans are less safe now because these programs expire. they refer us to inte

under the freedom act, it's the telephone companies that contain your metadata and the nsa could ask for aspects of it with a fisa court order. some of the ways that the intelligence community is going to do that and retain the capabilities that they had when all of the date at a was on their servers is potentially to have much smarter software that does some of the job of an analyst, looking through metadata as it exists on company servers then pinging the intelligence community when it finds something that might be of use to them to take that potentially to a fisa court and get that warrant. >> it's very interesting how you lay it out and that will happen over a period of six months. six months from now when this does kick in and the companies have all control over the bulk data what will it mean to be under surveillance and how will that be different than how it's done in the past? >> well one of the big differences is that now the entire country is not under surveillance in the same way. we can all feel a little better about that. the intelligence community would need to have mor

it in sleep bulk metadata program. the book collection of phone records as it currently exists and puts in place the reforms. the government will no longer hold these records. telephone providers will. the act includes other changes to surveillance laws including more transparency to help out, it's among the american people that your privacy and civil liberties are being protected. amy: that is president obama on the freedom act that could be voted on very shortly in the senate and before that, jeb bush. interesting, when greenwald, the lines are breaking down between democrat and republican. president obama for a much against the expiring of the usa patriot act. can you talk about what is happening right now in the senate with, well, the republican rand paul up against the senate majority -- the senate speaker, senate majority leader mitch mcconnell, ron wyden taking rand paul's side? talk more about what the lines are now. >> i think it is fascinating that jeb bush has sort of become the republican spokesman for dema

when you save metadata, what does that mean? guest: i think there is confusion in the public about what that means. many americans think the government has been gathering the content of their calls recordings of their conversations and that not the case. it is also not the case that these numbers that are part of the metadata are connected to the names of the subscribers. some people talk about metadata like your telephone bill. your telephone bill has your name and address on it connected with the people you call. the metadata is phone numbers connected with other phone numbers. it's the time of the call on the date of the call and the duration of the call. nonetheless, there has been a privacy concern and legitimate it even though this data is not content, it's not the conversations and even though it not connected to the subscribers, still, it's a lot of domestic data about people that are mostly unconnected with crime or terrorism. why should the government gather this question mark the caller is right, the phone companies h

the things that were compromised were the mass collection of telephone metadata, which is something we did not know about until snowden was here. i am asking you, a patriot or a traitor? >> um, partly sunny skies in the 70s, the truth is, i don't mind somebody monitoring my phone calls, i am a good 57, an -- goodperson, and my husband is a firefighter, i don't care, you can find out how much times i have a dermatologist appointment or have pizza. i don't care. if they catch the bad guys. kennedy: but it is so vast, there is no way of keeping track of the bad guys, that is what makes it expensive. >> i do think that people are hypocrites, they get upset about mass phone information, collection we're not talking about listening to your phone call but metta data, people put out anything on the internet. the most personal of details, and basically, just hand it over for free. to a major corporation radio. kennedy: dagen. if you don't understand the difference between government coercion and knowing he put out information. >> they have no idea what the companies are doing with that informat

let me just say for my colleagues what is collective -- what is metadata? it's a telephone number, it's a date it's a time that the call was made, and it's the duration of the phone call. now, i'm not sure how we have invaded anybody's privacy by getting a telephone number that is defied. we don't know who it blews to and we would over in know who it belongs to until it's turned over to law enforcement to investigate because it's now been connected to a known foreign terrorist telephone number. stop and think about this. the cfpb, government agency, collects financial transaction's on every american but there's nobody down here trying to -- i'm loaf to eliminate the cfpb tomorrow but there's no outrage over it, and they collect a ton more information than and it's not deidentified. every american has a discount card for the grocery score you. get a discount. your grocery store collects 20 times the amount of data that the nsa does, all identified with you and there's a big difference between the nsa and your grocery store. we don't sell our data. at the nsa

hard drives and telephones is some cards and then she tasted into the metadata data base.lading the american people justin above the terrorists are talking to somebody and what we have tried deduces 9/11 is structure something within the law or a presidential directive to gives us the head start to identify who that individual is. but really do that through telephone numbers, the length of the call, not through listening to content it is healthy to have this debate my friend from florida shares my frustration we're changing a problem that does not have a problem or does not need to be changed and accepting a lower threshold of our ability to intercept that individual that may have the intention to carry out some type of fact. i only say this, i don't believe the threat level has dropped to of we were we can remove some of the tools the threat has gone higher but i accept the point that the debate has gotten to the point where the data storage capacity within the government will not be continued long-term. and i would say to my good friend that although i believe 24 months

we're no longer tracking metadata! this is an emergency! i have to notify someone! quickly!know it's you! for the last time, please, stop calling me and yelling "penis" into the phone! stop it! it's weird! (laughter) >> jon: i have not been calling john oliver all day and shouting penis penis, penis! (la

i can't tell you whether the freedom act is going to stop the ball metadata -- stop bulk metadata collection. but i kentucky that this discussion is bigger than bulk -- i can to you this discussion is bigger than bulk collections. there are sections like section 702 of the fisa law that allow collection of content. those are still going on. it is incidental collection extensively in the name of collecting information on terror, but they accidentally scoop up information on americans and keep it, and look into the haystack for things that are not related to terrorism. we will try to reform the 702 program as well. but you are right. the executive has a lot of authority here. the nsa is actually a branch of the military, and he is the commander-in-chief. it's important to remind folks that. host: ruthie in waarrne pennsylvania -- warren pennsylvania. caller: i think they shouldn't be allowed to collect information on people who haven't done anything. if they wanted to spy on people who had a felony, or their families, that would be one thing. but they should have to destroy all that informatio

we saw they had a lot of metadata but they were not able to stop that. i'm curious to know is senator rand paul talking about this fight at all tonight? has anybody spoken to him? >> reporter: well yeah. the phone data is unconstitutional and paul is telling all who will listen that he thinks the authorities should be forced to get a warrant before they get a potential terror suspect's phone data. >> i'm not going to take it anymore. i don't think the american people are going to take it anymore. why won't you stop this program now? the president has every ability to do it. we have every ability to do it and i intend on protecting the constitution. >> so there was rand paul making his case on the senate floor before the clock ran out earlier this evening and may be a long night ahead on the senate floor. harris? >> mike emanuel, you'll continue to cover this. i can see it we've got it on a big wall here inside the fox report studio. they are still doing this vote. we'll see it as it happens. thank you. >> thank you. >>> five of the most notorious members

>> i think there's a difference between targeting a group of people and metadata. that's not looking at somebody's application to the irs. i'd like to express my gratitude to the people who have dedicated themselves as civil servants who are not making a gazillion dollars and impugning the motive of others. >> i know those who wrote the patriot act. they did not speak to circumvent and after 9/11 they are told we need a better way to be able to track down information. this was one of the expansions that they did that the court did not say that particular thing saying that it's not illegal. what they said was the legal reasoning was not allowed. >> why not have the constitutional -- >> let me get a word in. i think on the policy it's extremely curious and i don't think he would poll well with republicans today. this morning, cnn's poll showed that rand paul would get 2% of republican women to vote for him. that is not expanding the party. that is not a way to win a presidential nomination. >> very quickly, one of the authors of the patriot act said bulk collection w

traffic in a way that the things that we were dealing with now we are only dealing , with the phone metadata. this deals with all the sorts of different programs that edward snowden revealed about the nsa being able to cap into google and facebook and these cloud services and monitor information in those spheres. and i think that, to a lot of people, people have found that almost to be more invasive and more problematic than the collection of phone metadata which is records of calls that you have made and when you made them and how long those calls were. both problematic, but the 702 authority is just a whole different level. what senator leahy has said is that now we have this coalition that we have proven is concerned about these things and interested in reform. the question is is whether we are going to come to another cliff type situation in two years or whether some actual reform bills can go through regular order, as they say, and get passed before that. given that were going into a presidential year, it's hard to say what's going to happen. host: dustin volz, explain this a little bit

i think the program to pay the most attention to, hari is not the con venture controversial metadata one but called roving wiretaps and that's the power that allows our government to track terrorist suspects when they change phones. you are tracking the suspect and not the phone. >> sreenivasan: sure. >> and almost everyone in the national security industry says that is a very important power but it would expire along where the other two in this because of the more controversial one i think that's the ones they are the most nervous about. >> sreenivasan: political director lisa desjardins joining us from washington, thank you so much. >> my pleasure. thanks for having me. >> sreenivasan: leaders across the country and around the world are expressing sympathy tonight for vice president joe biden and his family following the death of his oldest son beau. beau biden was considered a rising star in the democratic party and was widely expected to run for governor of delaware in 2016. the vice president's eldest son had faced a series of health setbacks in recent years, yet was able to ser

bill which would allow the phone companies to store the metadata. not the government. here is senate majority leader mitch mcconnell. >> the house-passed bill is certainly not ideal but along with votes on some modest amendments that attempt to insure the program can actually work as promised, it is now the only realistic way forward. >> reporter: the senate is expected to take up the house version, the usa freedom act sometime tomorrow. jenna, back to you. jenna: big story for this week, doug thank you. jon: frightening development for actress mila kunis as a mental patient convicted of stalking her is now at large. how that happened. >>> plus the so-called "taliban five" released the controversial prisoner swap for sergeant bowe bergdahl are about to get even more freedom today. at least they were, but that has changed. who was behind it? we want to hear from you. our america's asking question. would you vote for senator lindsey graham for president? he is about to announce. we'll individual live. our live chat is up and running. click on foxnews.com/happeningnow to

i was wrong for the federal government to seize your and mine metadata in bulk. the u.s.a.m act abolishes that and secondly, preserves the tools of national security and law enforcement to stop acts of terrorism to seize the communications of specific individuals with connections to radical islamic terrorism. we have to do both, protect civil liberties and keep -- >> he says it doesn't do that and i'm wondering whether there's been a divide between -- a lot of people put you two in that camp. you were in a different cam than he and i'm wondering if this is your way of saying, this is the right balance of privacy and security and rand paul doesn't get it. >> when it comes to legislating solving problems, i was proud to join with my very good friend, senator mike lee in crafting this bipartisan legislation. the u.s.a. freedom act which mike lee and i fought for passed overwhelmingly in the house of representatives and the senate, and as a result of that leadership we're ending the federal government's bulk collection of phone metadata and protecting the fourth and fifth amend

puts in the metadata base. there is more privacy information that americans share with their grocery store when they use their discount card to get a grocery. there is more data that's collected at the cfpb on the american than the n.s.a. ever dreamed about but there's nobody down here trying to eliminate the cfpb, though i would love to do it tomorrow. but the fact is if this is about privacy, how can we intrude on anybody's privacy when we don't know who the individuals are of the phone numbers that we have? and the fact that the supreme court has said when you relinquish that information to your phone company, you have no right of privacy. myth number two: the n.s.a. program is illegal. there have been some that have come to the floor and said that. the supreme court held in smith vs. maryland and the u.s. vs. miller that there is no reasonable expectation of privacy in telephone call records. like those obtained under section 215 those records are not protected by the fourth amendment under the current 215

let me just say for my colleagues what is metadata? it is a telephone number. it is a date.hat is the time the call is made in the duration of the phone call. i am not sure how we've invaded anybody's privacy by giving the telephone number de-identified. we don't know who it belongs to and we would never know until it is turned over to law enforcement to investigate because it's now connected to a known foreign terrorist telephone number. stop in think about this. the cfpb government agency collects financial transaction of every american but there's nobody tried to eliminate. i would love to eliminate it tomorrow. but there is no outrage over it. they collected. every american has a discount for the grocery store. you go when you get a discount. your grocery store collects 20 times the amount of data that the nsa does all identified with you in the big difference between the nsa and the grocery store. we don't sell other day that the nsa. your grocery store does. and for outrage. let's make it equal. let's understand we are in a society where data is transferred automatical

i can't tell you whether the freedom act is going to stop the ball metadata -- stop bulk metadata collectiont i kentucky that this discussion is bigger than bulk -- i can to you this discussion is bigger than bulk collections. there are sections like section 702 of the fisa law that allow collection of content. those are still going on. it is incidental collection extensively in the name of collecting information on terror, but they accidentally scoop up information on americans and keep it, and look into the haystack for things that are not related to terrorism. we will try to reform the 702 program as well. but you are right. the executive has a lot of authority here. the nsa is actually a branch of the military, and he is the commander-in-chief. it's important to remind folks that. host: ruthie in waarrne pennsylvania -- warren pennsylvania. caller: i think they shouldn't be allowed to collect information on people who haven't done anything. if they wanted to spy on people who had a felony, or their families, that would be one thing. but they should have to destroy all that information. b

can no longer collect telephone metadata from millions of americans and store it for five years. roving wiretaps used by law enforcement to track terror suspects who use different communication devices like cell phones on hold. third, the federal government cannot use wiretaps for lone wolfs if there is no connection to isis. is there isn't the program as critical as it has ever been given that the middle east is on fire and we are losing everywhere? >> the chappeder -- commander-in-chief shared the same sentiments. president obama: heaven forbid we had a problem where we could have prevented a terror attack or apprehended someone engaged in dangerous activity but we didn't do so because of inaction in the senate. >> the f.b.i. is still allowed toemta data collection that began before the june is expiration date. maureen: for what is next the senate leader mitch mcconnell will seek changes to a bill already passed in the house. the usa freedom act extends the less controversial measures of the patriot act. vote on that is acted later this week. coming up on abc7 news at 2:00 -- "

key provisions of the patriot act have expired and the nsa's controversial metadata program has beenshut down. at least for now. this comes after the senate failed to extend certain patriot act measures last night in a move some are calling a victory for personal privacy rights while others are warning it could have a devastating impact on ouruk(urjá security. joining me now is the author, jim sensenbrenner. you wrote the0> i remember interviewing you at the time and many times there after. is what is happening now what the law allowed data mining people's electronic communications meaning the american people. >> no. clearly, no. and there is a specific prohibition on data mining in the original patriot act, which former majority leader dick armey and i insisted on putting in there. the problem is that the secret fisa court termed the word relevance on its head and authorized the nsa to go data mining and collection. which the house passed overwhelming and the author of the patriot act puts an end to bulk collection of americans -- not just under the patriot act and other laws the la

so what did the government do with the metadata that it had received? well it stored it all in a big data base. i had a big spread sheet with all these numbers. and that's all it was, is a lot of numbers. then when the government discovered a phone number from a known terrorist when a group of special ops american forces took down a terrorist group somewhere and grabbed a cell phone then the government could conduct a search of the metadata. but first a federal judge would have to give permission. and after running the search to determine whether in that metadata there had been phone calls between the known terrorist and numbers in that data base, even after doing the search the government still had no information identifying the phone number because that's not in the data base. and of course as i said before certainly there was no con the president because content had never been recorded. but a link might be established and if it were to be established, if federal investigators discovered that the known terrorist was in regular phone communication, for

however it might take up to four days for a quarter to verify that metadata programs are still legal under this new law. >> something we reported yesterday, the fbi is reportedly using a small fleet of planes to spy on americans. the associated press said that the planes are equipped with video and cell phone surveillance equipment. the planes are registered to fake companies. the bureau will only say that the planes are being used in ongoing investigations. community leaders have now seen security camera video of a police shooting in boston. police shot and killed a man after they say he lunged at them with a knife outside of a pharmacy on tuesday. there are reports that the dead man may have been planning to attack officers and behead one of them. the man had been under- 24-hour surveillance by an undercover task force. >> this is the weapon that the police say the 26-year-old suspect was holding. a black military-style knife that they say he pulled on them in a cvs parking lot yet yesterday. >> the fbi said that it had been tracking him for some time but recently something changed

>> is a very important program section 215 metadata program. metadata means the phone-number that made the call, that receive the call and the duration. that is the information and that nsa has. it is very important enough is filled with gaps that existed prior to 9/11 i cannot prove this but i believe if it were in place prior to 9/11 remain have seen the communications between the hijackers and may have disrupted the plot. but i also believe that is the security side but there is also the importance of privacy and civil liberties and give bin the amounts of data and the type in the database there is a potential for government abuse and we know there is times when government has abused its powers to you have to take that seriously. what we recommended to the president is keep the program but have the phone company hold the data. not the government and they accepted that recommendation that is what they recommended to congress and what the house passed. almost two weeks ago he was a freedom act and i hope the senate follows suit to pass the sam

the intelligence that steve used was not metadata it's the same government who misabused veterans put our economy in the tank. it's about a government having way too much authority and incompetence it's not about bad americans listening in on us. it's way overreach, way over fourth amendment, i'm not a lawyer this has got to be pulled back we were scared after 9/11 we did some dumb things like make the department of homeland security and tsa, and we overreached with this. we need to be targeted on our intel, and much more supportive the government has shown they can't handle this kind of stuff. i don't trust them on it. >> your reaction. because i'm actually -- i think there is a balance there. i think -- he's gotten into more political trouble by saying isis grew stronger because of the hawks and the party. what do you think the long term ramifications are for him that he navigates through the campaign? >> i don't think they're good. in part because of the politics on the ground. the republican party -- i thought the media overstated the extent to which republicans had swung in the l

the intelligence used is not metadata. this is the same government who has abused veterans put our economy in the tank. it's about a government having way too much authority, and incompetence. it's not about bad americans listening in on us. this is way, way overreach, way over fourth amendment. i'm not even a lawyer. this has got to be pulled back. we were scared after 9/11. we did some dumb things like make homeland security and tsa. and we've overreached with this. we really need to be targeted on our intel. i don't trust them on it. >> steve, your reaction. i'm sympathetic to rand's argument on civil liberties. i think there is a balance there. he's got us in more political trouble by saying isis grew stronger because of the hawks in the party they created these people. what do you think the long-term ramifications are for him as he navigates through the campaign? >> i don't think they're good necessarily in part because of the politics on the ground. i thought the media overstated the extent to which republicans had s

that had selection of content, phone calls, and connect medications and metadata in bulk .hen the new york times broke that, they started thinking we have to find ways to do this under more obvious, legal authorities. you did see them farming this out and using it into existing authorities. you also do see cases were lawyers, internally, say there are no limits. james coney is the head of the f ei -- fbi. famously for those spending their time reading about surveillance, he had a showdown with president bush's attorney general. it involved one of these collection programs that coney thought was not supported by legal authority. you had a high level tier of the justice department that was prepared to resign if the president went over the legal advice of the justice department and authorized the collection of internet metadata and away they had decided was unlawful. what happened was rather cosmetic that allowed the collection to continue. it suggested that they look for all the wiggle room of they can and will stretch the law further than an ordinary person may think possibl

people, the run-of-the-mill commercial marketers, they all want access to databases and collect metadata, which i think is unnecessary. when you legislate and check the privacy of the individual at the same time providing legitimate exemptions for special case uses , for security and intelligence purposes and for marketing purposes in the commercial area, it gets company. i'm willing to look at it i am the cochairman of the privacy caucus and we are there to catch the individual -- protect the individual. it is the individual's data. not the providers, not the government. no one should have access to it unless i say so. it is privacy as i see it, from the fourth amendment protection they never dreamed of the internet in the 1700s. if they had, they would have protected the individuals's data and have the information. kate: energy and commerce committee has been working to set up rules if your company is breached. is there any hope that this committee can bring together a bipartisan copper mines -- compromise? representative barton: i think there is. there are many, myself included, we ha

to restart the bulk data collection, but it could be up to four days before they determine that metadataollection is still legal. >>> a man had been under 24 hour fbi surveillance when he was shot outside of a pharmacy. they are not making the video public at least not yet. >> not yet. and officials say the video shows the man lunging at them with a knife. the district attorney and fbi are now looking into whether the officer's use of deadly force was justified. >> reporter: this was the weapon police say the suspect was holding. a black military-style knife they say he pulled on them in a cvs parking lot. the fbi said they had been tracking the man for some time but recently something changed. >> the level of alarm brought us to question him today. i don't think anyone expected the reaction we were going to get out of him. >>> boston's police commissioner says he was ordered to put down the knife. >> they kept retreating verbally giving commands to drop the weapon develop the weapon. and at some point the individual came close and their lives were in danger. >> reporter: the suspect was

this so-called metadata is a tiny tiny percentage of it. i'm not saying that this is a very significant thing trying to take the meta data database away from the nsa and cia and fbi and everybody else which most people ignore, but this -- this whole program is so massive that there's no way, nowhere for any terrorists to go to hide. listen, i know. i've been trying to find some shred of privacy since 2006. >> and i'll attest to that. [ laughter ] >> and i want to put this out. this, now you think that there's phone meta data that the administration has focused everything on this as a red herring to keep you from looking at everything else you're doing and everything snowden has revealed. there was email meta data which they also claim now that they have stopped and even though it was the most productive program. well, my contention is they haven't stopped it. they almost certainly moved it out of the fisa court's purview because their requirements were too expensive and that's what chris ingliss said and they moved it into the section into

the senate adjourned without extending provisions of the nsa collection of metadata.he senate voted to move forward on the usa freedom act that would allow the nsa to obtain phone records through phone companies instead of collecting the data itself. the bill received bipartisan support. an illinois college has removed the name of former house speaker dennis hastert from its building. the building at wheaton college is now named after the school. pastor was indicted for allegedly lying to the fbi about money paid to cover up past misconduct. law enforcement says that misconduct was the sexual abuse of a student while hastert was a high school teacher and coach. condolences pouring in for the biden family. the vice president's second son beau was 46 when he died late last night of brain cancer. many expected him to run for governor in 2016. beau biden is survived by his wife have brother half-sister and two children. still to come, changing the fight against cancer. the new breakthrough unveiled hours ago and how it is changing treatment for thousands. first, an unexpe

it is the so-called metadata. who called who at what time from where. so on. it's not actual conversations but you can glean an actual -- a lot of information by connecting those dots. no wonder the intelligence community has been keen to hold on to those powers. until now, the nsa has been doing all of that, getting that information and holding that under its service. the freedom act would be held by the telephone companies and the nsa and other intelligence agencies would have to go through a court procedure although a very secretive one to get a hold of that information. the question is, how much of a difference does that make? critics like rand paul saying, who holds the data does not do sincerely make such a huge difference and they are concerned intelligence agencies will soon be able to go after huge bundles of information while targeting particular terror suspects. peter: there is resistance to what the nsa has been doing. where is it coming from? is this grandstanding or is there more to it than that? guest: if you look at public opinion, it can seem