The 58-42 vote yesterday was two short of the 60 needed to proceed with debate under Senate procedural rules. Voting was largely along party lines, with most Democrats supporting the bill and most Republicans voting against it. The Republican-controlled House had previously passed its own NSA bill.
The legislation would have ended the NSA's collection of domestic calling records, instead requiring the agency to obtain a court order each time it wanted to analyze the records in terrorism cases, and query records held by the telephone companies. In many cases the companies store the records for 18 months.
The bill had drawn support from technology companies and civil liberties activists. Its failure means there has been little in the way of policy changes as a result of Snowden's disclosures.
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The law authorizing the bulk collection, a provision of the post-9/11 USA Patriot Act, will expire in June 2015. That means Congress would have to pass legislation re-authorizing the program for it to continue.
For that reason, Democratic Sen. Dianne Feinstein, the chairman of the Senate Intelligence Committee, abandoned her previous opposition to the bill. "If we do not pass the bill, we will lose this program," Feinstein said on the Senate floor.