A controversial amendment that would expand the FBI’s surveillance power was narrowly defeated in the Senate Wednesday.

The final tally was 58 to 38, two votes shy of the 60 needed for the amendment to move forward. The issue will likely surface again soon, however, as Majority Leader Senator Mitch McConnell, R-Ky., immediately filed for a motion to reconsider the amendment.

The amendment — lumped on last-minute to a criminal justice funding bill — would have expanded the scope of information the FBI can collect by sending technology and Internet companies what’s known as a national security letter—without getting any kind of court approval first.

The FBI would be able to access information about suspects’ online behavior including what websites someone visits and for how long, IP address, social media activity, email headers, and more.

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