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By: Mike Maharrey|Published on: Dec 27, 2018|Categories: State Bills, Surveillance
Missouri Bill Would Ban “Material Support or Resources” for Warrantless Federal Surveillance
JEFFERSON CITY, Mo. (Dec. 27, 2018) – A bill introduced in the Missouri House would ban “material support or resources” for warrantless federal surveillance programs. This is an essential step every state needs to take at a time when the federal government seems unlikely to ever end unconstitutional spying on its own.
Rep. Ron Hicks (R-Dardenne Praire) filed House Bill 296 (HB296) on Dec. 18 for introduction in the 2019 legislative session. The proposed law would prohibit the state and its agencies, political subdivisions, special districts, or employees from assisting, participating with, or providing material support or resources to a federal agency to enable it to collect or facilitate in the collection or use of a person’s electronic data or metadata unless one of three circumstances apply.
(1) The person has given informed consent;
(2) The action is pursuant to a warrant that is based upon probable cause and particularly describes the person, place, or thing to be searched or seized; or
(3) The action is in accordance with a legally recognized exception to the warrant requirement.
The legislation stipulates that “The attorney general shall enforce the provisions of this section in accordance with the Constitution of the United States and the Constitution of Missouri.”
HB296 is similar to a Michigan law that went into effect last summer.
Missouri could become the third state to take action to prohibit support for warrantless federal surveillance. In 2014, California took a smaller first step when Gov. Jerry Brown signed a bill banning the state from participating in, or providing material support or resources to any federal agency engaged in the “illegal and unconstitutional collection of electronic data or metadata.” The California law needs additional steps for effectuation by defining specifically what actions constitute “illegal and unconstitutional.” The Michigan law and HB296 go further by prohibiting specific state actions and gives the movement to stop unconstitutional federal surveillance more momentum
FISA REAUTHORIZATION
Despite concerns about warrantless surveillance in the wake of Edward Snowden’s revelations, Congress has done nothing to rein in NSA spying. In fact, it has expended it. For instance, in January 2018, Congress reauthorized the FISA Sec. 702.
As Andrew Napolitano explained, “the FISA-created process permits a secret court in Washington to issue general warrants based on the government’s need to gather intelligence about national security from foreigners among us. It pretends that the standard is probable cause of foreign agency, but this has now morphed into the issuance of general warrants whenever the government wants them.” A typical FISA warrant authorizes government surveillance on all landlines, mobile devices and desktop computers in a given area. While the process was created to monitor foreign agents, it sweeps up reams of data belonging to Americans.
Before approving a six-year extension of Section 702, the House voted to kill an amendment that would have overhauled the surveillance program and addressed some privacy concerns. Provisions in the amendment would have required agents to get warrants in most cases before hunting for and reading Americans’ emails and other messages that get swept up under the program.
Just one day after Trump signed the extension into law, news came out about the infamous FISA memo. This memo was available to members of the House Intelligence Committee prior to the vote to reauthorize FISA. None of this information was made available to Congress at large. Most telling, every single Republican member of the House Intelligence Committee voted to reauthorize Sec. 702, and in a heartwarming show of bipartisanship, six of the nine Democratic representatives on the committee joined their colleagues.
This is yet another indication we can’t count on Congress to limit its spy-programs.
PRACTICAL EFFECT
continued..https://blog.tenthamendmentcenter.c...sources-for-warrantless-federal-surveillance/
By: Mike Maharrey|Published on: Dec 27, 2018|Categories: State Bills, Surveillance
Missouri Bill Would Ban “Material Support or Resources” for Warrantless Federal Surveillance
JEFFERSON CITY, Mo. (Dec. 27, 2018) – A bill introduced in the Missouri House would ban “material support or resources” for warrantless federal surveillance programs. This is an essential step every state needs to take at a time when the federal government seems unlikely to ever end unconstitutional spying on its own.
Rep. Ron Hicks (R-Dardenne Praire) filed House Bill 296 (HB296) on Dec. 18 for introduction in the 2019 legislative session. The proposed law would prohibit the state and its agencies, political subdivisions, special districts, or employees from assisting, participating with, or providing material support or resources to a federal agency to enable it to collect or facilitate in the collection or use of a person’s electronic data or metadata unless one of three circumstances apply.
(1) The person has given informed consent;
(2) The action is pursuant to a warrant that is based upon probable cause and particularly describes the person, place, or thing to be searched or seized; or
(3) The action is in accordance with a legally recognized exception to the warrant requirement.
The legislation stipulates that “The attorney general shall enforce the provisions of this section in accordance with the Constitution of the United States and the Constitution of Missouri.”
HB296 is similar to a Michigan law that went into effect last summer.
Missouri could become the third state to take action to prohibit support for warrantless federal surveillance. In 2014, California took a smaller first step when Gov. Jerry Brown signed a bill banning the state from participating in, or providing material support or resources to any federal agency engaged in the “illegal and unconstitutional collection of electronic data or metadata.” The California law needs additional steps for effectuation by defining specifically what actions constitute “illegal and unconstitutional.” The Michigan law and HB296 go further by prohibiting specific state actions and gives the movement to stop unconstitutional federal surveillance more momentum
FISA REAUTHORIZATION
Despite concerns about warrantless surveillance in the wake of Edward Snowden’s revelations, Congress has done nothing to rein in NSA spying. In fact, it has expended it. For instance, in January 2018, Congress reauthorized the FISA Sec. 702.
As Andrew Napolitano explained, “the FISA-created process permits a secret court in Washington to issue general warrants based on the government’s need to gather intelligence about national security from foreigners among us. It pretends that the standard is probable cause of foreign agency, but this has now morphed into the issuance of general warrants whenever the government wants them.” A typical FISA warrant authorizes government surveillance on all landlines, mobile devices and desktop computers in a given area. While the process was created to monitor foreign agents, it sweeps up reams of data belonging to Americans.
Before approving a six-year extension of Section 702, the House voted to kill an amendment that would have overhauled the surveillance program and addressed some privacy concerns. Provisions in the amendment would have required agents to get warrants in most cases before hunting for and reading Americans’ emails and other messages that get swept up under the program.
Just one day after Trump signed the extension into law, news came out about the infamous FISA memo. This memo was available to members of the House Intelligence Committee prior to the vote to reauthorize FISA. None of this information was made available to Congress at large. Most telling, every single Republican member of the House Intelligence Committee voted to reauthorize Sec. 702, and in a heartwarming show of bipartisanship, six of the nine Democratic representatives on the committee joined their colleagues.
This is yet another indication we can’t count on Congress to limit its spy-programs.
PRACTICAL EFFECT
continued..https://blog.tenthamendmentcenter.c...sources-for-warrantless-federal-surveillance/
