Plans for a £2bn Home Office surveillance project to track details of everyone’s email, mobile phone, text and internet use have been put on hold after a consultation raised concerns over its technical feasibility, costs and privacy safeguards.

The Home Office has confirmed that legislation for the project, known in Whitehall as the “interception modernisation programme”, will not be included in next week’s Queen’s Speech and is unlikely before a general election. The fresh delay follows concerns raised by internet service providers and mobile phone operators over the project’s feasibility, and anxieties over who would foot the bill.

Today the Electronic Frontier Foundation (EFF) posted thousands of pages of records detailing behind-the-scenes negotiations between government agencies and Congress about providing immunity for telecoms involved in illegal government surveillance.

The documents include drafts of legislation and communications between Congress and the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI) about amendments to the Foreign Intelligence Surveillance Act (FISA). They were released as a result of litigation that started back in 2007, when Congress first debated granting immunity to the telecommunications companies for taking part in massive, unchecked surveillance of Americans’ telephone and Internet communications. EFF used the Freedom of Information Act (FOIA) to request information about communications between the DOJ, ODNI, Congress, and telecom lobbyists.

FOIA Release: Draft legislation to amend FISA

FOIA Release: Correspondence about amending FISA, bill summaries, and other documents

In a 16-10 party-line vote on Nov. 5, the House Committee on the Judiciary approved H.R. 3845, the USA PATRIOT Amendments Act of 2009. The legislation contains several important reforms of controversial surveillance powers granted in the wake of the 9/11 terrorist attacks. Republicans on the committee claimed that “the legislation would hinder law enforcement and intelligence agencies in fighting terrorism.”

In a Court filing late Friday night, the Obama Administration attempted to dress up in new clothes its embrace of one of the worst Bush Administration positions — that courts cannot be allowed to review the National Security Agency’s massive, well-documented program of warrantless surveillance. In doing so it demonstrated that it will not willingly set limits on its own power and reinforced the need for Congress to step in and reform the so-called ’state secrets’ privilege. The House Judiciary Committee will be taking the first step toward such reform when it begins to consider the State Secret Protection Act of 2009 (HR 984) this Wednesday.

The California Library Association (CLA) has just announced a resolution calling on Congress to dramatically revise the up-for-renewal USA PATRIOT Act, passed hurriedly in the weeks following the 9/11 attacks.

CLA Resolution on 2009 Reauthorization of the USA PATRIOT Act (481k)

Sen. Patrick Leahy is finding himself at odds with privacy-protecting librarians in the state — a group that usually has praise for Vermont’s senior U.S. Senator and has often worked with him in the past.

Well, it looks like most of the Senators on the Senate Judiciary Committee weren’t swayed by this morning’s New York Times editorial, which cited this morning’s Committee meeting to consider USA PATRIOT Act renewal as a “critical chance to add missing civil liberties and privacy protections, address known abuses and trim excesses that contribute nothing to making America safer.” Instead, the Committee just passed a bill to renew all of the PATRIOT powers that were set to expire at the end of the year, with only a handful of the original reforms that were first proposed by Senators Feingold and Durbin’s JUSTICE Act and Committee Chairman Leahy’s original PATRIOT renewal bill.

Instead of adding more protections to the bill, as EFF and the Times have been urging (along with many other Americans who have been organizing Facebook and Twitter activism around PATRIOT reform), the Committee this morning voted to accept seven Republican amendments to the USA PATRIOT Act Sunset Extension Act to remove the few civil liberties protections left in the bill after it was already watered down at last Thursday’s Committee meeting. Surprisingly and disappointingly, most of those amendments were recommended to their Republican sponsors by the Obama Administration.

Yesterday’s Senate Judiciary mark-up of legislation to renew expiring provisions of the USA PATRIOT Act was extremely disheartening–in particular because of many committee Democrats’ failure to support new civil liberties reforms to PATRIOT (see our summary here). Those Senators who failed to stand foursquare behind Americans’ right to privacy against government spying should be on notice that Americans who care about civil liberties are very disappointed; those that did stand up for our rights deserve our vocal thanks.

The Federal Bureau of Investigation has released a heavily censored version of its controversial Domestic Investigations and Operations Guidelines (DIOG), which became effective on December 1, 2008. EFF requested public disclosure of the guidelines under the Freedom of Information Act in December and, after more than six months passed with no response, we filed suit against the Department of Justice in June 2009. In response to the lawsuit, the Bureau agreed to answer EFF’s disclosure request no later than October 13, and the court ordered it to do so. The FBI’s partial release of the DIOG complies with the court’s order to respond to our request.

On Sept. 22, Congress began hearings on USA Patriot Act provisions that are set to expire on Dec. 31. Some legislators and the president are seeking to retain controversial portions of the act, albeit in modified form.