NSA's Water, Power Supply Under Threat in State Legislatures

[Suzanimal]

Congress failed to agree last year on a measure that would reform the practice of mass government surveillance, but privacy-minded state legislators have a back-up plan for shutting down alleged violations of their constituents’ constitutional rights.

In eight states, legislators are pushing bills they hope will either boot National Security Agency facilities or ban the agency from setting up shop. The bills would prohibit state and local governments from offering material support to the agency, including use of public utilities that carry water and electricity. Two of the bills would criminalize official cooperation with the NSA and several seek to squeeze contractors out of work with the electronic spy agency.

The state-level push began months after whistleblower Edward Snowden revealed in June 2013 the NSA’s bulk collection of U.S. phone records and Internet-mining programs.

Last year, bills in Utah - home of the NSA’s massive Utah Data Center - and Maryland - host of the agency’s Fort Meade headquarters - sought to shut down those operations, winning broad media coverage.

The Utah bill remains active and its sponsor, Republican state Rep. Marc Roberts, is cautiously optimistic about its chances, particularly after a seemingly receptive committee hearing in November.

Roberts says colleagues he’s spoken with “have concerns with the NSA programs and violations of the Fourth Amendment.” But, he says, “when it comes down to a big vote on it like this I'm not sure [what] they will do.”

Roberts is waiting to learn which legislative committee this year will hear his bill, which seeks to shut off the water supply to the NSA's vast Utah Data Center that's currently provided through a sweatheart deal with the city of Bluffdale.

Legislators in Alaska, Indiana, Mississippi, Missouri, Oklahoma, South Carolina and Washington, meanwhile, introduced similar bills this month, many called Fourth Amendment protection acts, based on model legislation from the OffNow coalition. More are likely to be introduced as the legislative season unfolds.

The bills generally say states and their political subdivisions cannot supply material support to federal agencies that collect citizens’ metadata without individualized warrants, and they intend to bar NSA-derived evidence from state courts and block the agency from research partnerships with state schools.

In Washington, the proposed bill goes further. It would force companies to choose between NSA and state contracts. And if state contractors or officials do provide “material support, participation, or assistance in any form” to the NSA, they would be guilty of a misdemeanor punishable by a fine of up to $5,000 and up to one year behind bars.


The bill’s sponsor, Republican state Rep. David Taylor, has an NSA facility within his district, on the U.S. Army's Yakima Training Center. The facility, however, is reportedly slated for closure and may be immunized by its independence from state and local utilities.

But Taylor, whose seven cosponsors include six Republicans and one Democrat, says he's heard there are other, smaller NSA facilities that would be affected. Taylor says he fears the lack of a quick death-knell to exposed NSA programs has emboldened local, state and federal law enforcement agencies to "move forward at a more rapid pace" to collect data and communications without warrants.

“We’re saying, 'No, it’s inappropriate.' We have a Fourth Amendment to the Constitution," he says. "And if you violate that there’s going to be civil penalties and jail time." Taylor is working with larger bipartisan coalitions to require warrants for use of Stingray cellphone tracking devices and to limit the use of drones.

The Oklahoma and Mississippi bills, like the Washington version, would make companies who work with the NSA “forever ineligible” to work with the state and local governments. Officials who knowingly violate the law “shall be deemed to have resigned,” all three bills propose.

Violators of the Oklahoma legislation would be guilty of a misdemeanor that carries a fine of up to $1,000 and one year in jail.

The Mississippi bill, which would not establish criminal penalties, is sponsored by state Sen. Chris McDaniel, a popular conservative leader who lost a tight Republican primary for U.S. Senate last year.

In Maryland, where the NSA recently negotiated a water deal with a county government, eight Republicans introduced a bill in February 2014 threatening to darken and dry the agency’s headquarters.No similar bill has yet been introduced this year, and it’s unclear if one’s coming.

Five cosponsors of the now-dead bill, including the lower chamber's minority leader, bailed before it was considered in committee. The two leaders of the Maryland push lost primary races last year, and the remaining cosponsor wasn’t re-elected.


Former Maryland Del. Michael Smigiel, the bill's lead sponsor, says his flip-flopping cosponsors lacked “enough intestinal fortitude” after pushback from federal lawmakers. One learned the NSA was in his district, he recalls.

Smigiel doesn’t believe Maryland lawmakers will reintroduce the bill, and he doesn’t mince words about his now-former colleagues.

“I think most are busy deciding whether to put in a bill establishing a state eating utensil or how to get around the First Amendment so as to protect elected officials from being called eunuchs,” he says.

Mike Maharrey, executive director of the OffNow coalition, however, is upbeat about the broader effort. He says “we are in a much stronger position [this year] and I’ll be shocked if we don’t see at least one of these measures pass.” Maharrey says lawmakers now have a better grasp on strategy and some have tweaked their bills to win broader support.

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http://www.usnews.com/news/articles...wer-supply-under-threat-in-state-legislatures

 

[Suzanimal]

Bill to Turn Off Water to Utah NSA Facility Clears Important Political Hurdle

SALT LAKE CITY – A bill that would prohibit the state of Utah from providing material support or resources to the NSA cleared an important political hurdle last week.

On Jan. 26, the Utah Office of the Legislative Fiscal Analyst released a fiscal note finding no financial impact if the legislature passes a bill that would deny critical resources – like water – to the massive NSA data center in Bluffdale.

House Bill 150 (HB150), introduced by Rep. Marc Roberts, would require that the water being supplied to the NSA’s data center in Bluffdale be shut off as soon as the city’s $3 million bond is paid off.

The analyst determined that passage of the bill would not likely impact state revenues, nor would it require any state expenditure. The analyst also found passage of HB150 would not result in direct measurable costs to local governments.

According to the LFA, “fiscal notes estimate the direct costs or revenues of enacting a bill, and legislature uses them to balance the budget. “ The fact that the analyst found the bill would essentially have zero effect on state or local government budgets represents good news for supporters of HB150.

Opponents of a bill often use a bad fiscal note to kill it without even debating the legislation’s merits. This fiscal note will pose no such problem. With the analyst finding zero fiscal impact, opponents of HB150 will not be able to make financial arguments to kill the bill.

While some might see this as unimportant, in a hyper-politicized climate such as a state legislature, this signifies that a difficult roadblock to passage has already been moved out of the way.

http://blog.tenthamendmentcenter.co...a-facility-clears-important-political-hurdle/

 

[milgram]

Tom Woods recently had a great conversation with Tenth Amendment Center's Michael Boldin

http://tomwoods.com/podcast/ep-327-nullify-the-agenda-for-2015/

With about 200 bills involving some form of state-level resistance to the federal government bending before legislatures around the country, Michael Boldin joins us for an overview of what’s about to unfold. Don’t miss it!

 

[Ronin Truth]

Who gave the NSA the water and power supplies?

 

[Lucille]

In fact, and it gives me no pleasure to say this, but it's better to face the truth as fully as we can, if the NSA ceased to exist today, it would not make any appreciable difference in the surveillance activities of the United States government.

 

[Suzanimal]

OKLAHOMA HOUSE COMMITTEE VOTES 6-0 TO TURN OFF RESOURCES TO NSA SPYING

OKLAHOMA CITY (Feb 25, 2015) - A bill that would turn off state support and resources to the NSA cleared its first hurdle today with a unanimous committee vote.

Oklahoma Rep. Lewis Moore (R-Arcadia) introduced the “Oklahoma Privacy Protection Act" in January. HB1738 would ban “material support or resources” from the state to warrantless federal spy programs. It would not only support efforts to turn off NSA’s water in Utah, but would have immediate practical effects on the implementation of some federal surveillance programs if passed.

HB1738 cleared the Oklahoma House State and Federal Relations Committee by a 6-0 vote.

"If you have a government entity - city county or state - you should have an expectation that they are protecting your rights - your privacy," Moore said during a short hearing before the vote.

HB1738 goes a step beyond the 2015 model language drafted by OffNow. It not only bars state cooperation with agencies like the NSA, it also address corporations that provide material support to the spy agency. Any corporation supporting NSA spying would be ineligible to bid for any state contract, forcing it to choose between violating your rights and securing lucrative business opportunities with the state.

The legislation also includes penalties. Any state agency or subdivision violating the law would become ineligible for state grant funds, and individuals convicted of violating the law would be guilty of a misdemeanor. Additionally individuals who violate the law “shall be deemed to have resigned any commission from the State of Oklahoma which he or she may possess...and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this state.” (Read more about the legislation HERE.)

Rep. Moore indicated that there was concern voiced by the Oklahoma Chamber of Commerce that it would negatively impact businesses. Business interests in Arizona effectively killed a similar bill there last year. Moore pointed out that the legislation would only impact corporations assisting in the illegal collection of warrantless data.

"If they are doing something the needs a warrant and not getting it, yeah, I guess there would be a problem. But there would be a problem anyway, and we should be concerned," he said.

Last year, a similar bill passed out of an Oklahoma House committee, but Republican leadership blocked the bill from going to the full House for a vote.

"It was quite frustrating watching bills sponsored by the opposition party get priority and receive votes while a piece of Republican sponsored legislation that would have protected the privacy rights of Oklahomans languished," OffNow executive director Mike Maharrey said. "Now the House leadership has another shot. Maybe they will demonstrate they actually care about violations of the Fourth Amendment this time."

HB1738 is now set to move on to the full House for a vote. If last year serves as any indication, House leadership will need a strong push to bring the legislation to the floor.

ACTION STEPS

For Oklahoma, follow the steps to support the bill at THIS LINK

http://www.offnow.org/oklahoma_house_committee_votes_turn_off_resources_nsa_spying

 

[Suzanimal]

Montana House Votes to Approve Bill Turning Off Resources to NSA by Razor-Thin Margin

HELENA Mont. (Feb 25, 2015) – The Montana House gave preliminary approval to a bill that would take on NSA spying by denying material support and resources to federal agencies engaged in warrantless surveillance. The vote was 51-49.


Montana Rep. Daniel Zolnikov (R-45) introcuded HB443, a bill that would not only support efforts to turn off NSA’s water in Utah, but would have practical effects on federal surveillance programs if passed. (More information on the bill HERE.)

“People talk about hackers and cybersecurity, but the biggest threat we face today is the NSA,” said Zolnikov.

The bill now moves to a third reading and final vote in the coming days. Final approval will move the bill to the state Senate.

If passed into law, the bill would ban the state from providing “material support or resources” to federal agencies engaged in mass surveillance of electronic data or metadata. The bill declares, “A government entity may not assist, participate in, or provide material support or resources to enable or facilitate the collection or use by a federal agency of a person’s electronic data or metadata without that person’s informed consent, without a search warrant based on probable cause that particularly describes the person, place, or thing to be searched or seized, or without acting in accordance with a judicially recognized exception to the warrant requirement.”

Passage on second reading in the full House was by a razor-thin margin, and the strongest opposition was due to a misunderstanding of the bill itself.

Opponents, such as Rep. Jenny Eck (D-Helena) claimed that passage of the bill would block the Montana Department of Justice (DOJ) from investigating child pornographers, something that a considerable number of “Nay” votes appeared to believe. “If this bill passes,” said Eck, “This would stop [the Montana DOJ’s] ability to stop child sex trafficking and child pornography.”

But, as Rep. Jeff Essman (R-Billings) pointed out, the bill would do no such thing because those investigations are covered by “judicially-recognized exceptions to the warrant requirements” as cited in the bill text. “This bill would not interfere,” said Essman.

Rep. Nick Schwaderer (R-Missoula Mineral) called such claims fear-mongering. “9-11, Columbine… every time we introduce a bill to protect liberties, they come out and oppose it.”

“We still have a tough battle ahead of us, but this is a big victory,” OffNow executive director Mike Maharrey said. “A full legislative body stepping up to deny state resources and support to federal spying sets a precedent other states can follow. Similar bills are being considered in 12 other states. I’m sure those folks are watching Montana. Now that she’s made the first move, it should give other legislatures a push to move forward as well.”

In passing HB443, the Montana House became the second full legislative body in the country to approve a bill banning resources to the NSA. Last year, the California Senate passed a similar legislation 29-1, but the Assembly gutted the bill, and removed those provisions on resources before sending it on to the governor’s desk. Sources indicate lobbying efforts by the California Sheriffs Association in opposition to the bill was ultimately responsible for its changes.

HB443 will be scheduled for a third and final reading in the House within the next two days. Having passed a second reading, final passage later this week is uncertain, but possible with grassroots support. The bill would then move over to the Senate for further consideration.

ACTION STEPS

For Montana, follow the steps to support the bill at THIS LINK

http://blog.tenthamendmentcenter.co...ng-off-resources-to-nsa-by-razor-thin-margin/

 

[Suzanimal]

On 5th anniversary of Snowden leak, one state effectively bans the NSA

Former National Security Agency contractor Edward Snowden marks five years in exile next month. And 11 days after the anniversary of his initial public surveillance disclosure, the first state will implement a law that arguably cuts the NSA off from local water and electricity.

There isn't a known NSA facility in Michigan, but the law's author says it sends a clear message with a ban on state and local officials, including law enforcement and public utilities, cooperating with federal agencies that allegedly collect personal data without legal process.

"It hangs up a sign on Michigan's door saying, 'No violation of the Fourth Amendment, look elsewhere'," said state Rep. Martin Howrylak, a Republican. "Democrats as well as Republicans would certainly stand very strong in our position on what this law means."

Michigan's Fourth Amendment Rights Protection Act takes effect June 17 after passing with a single "no" vote in the legislature.

The new law is the biggest accomplishment yet growing out of efforts to block water to a massive NSA data-storage center in Bluffdale, Utah. After Snowden's leaks, lawmakers from Alaska to South Carolina introduced similar measures, but almost all failed.


...

The Michigan law doesn't make cooperation with the NSA a crime or outline an enforcement mechanism. Howrylak said litigation would be needed if the NSA decided to open shop.

Howrylak's bill and similar legislation was inspired by the Tenth Amendment Center, a group that argues that states can effectively nullify NSA activities by banding together in opposition.

Before the Michigan win, only California had passed a so-called Fourth Amendment Protection Act. But the legislation — co-sponsored by Democrat Ted Lieu, now a well-known congressman — was watered down and bans only local assistance “in response to a request from a federal agency ... if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection.”

By contrast, the new Michigan law is broader, banning “material support or resources to a federal agency to enable it to collect or to facilitate in the collection or use of a person's electronic data or metadata,” except if the collection is done with informed consent, a warrant, or a legal warrant exception, such as instances in which there’s no expectation of privacy.

“It's a pretty comprehensive bill in terms of prohibiting state cooperation with gathering data,” said Tenth Amendment Center communications director Mike Maharrey. “It's encouraging to get the first one over the hurdle. In politics there’s a lot of copy-catting.”

A similar bill passed the lower chamber of Missouri’s legislature this year, but still awaits action by the state senate, Maharrey said.

Tanya Baker, a spokeswoman for Republican Gov. Rick Snyder, who signed the legislation, declined to directly say whether the governor believed the new law prevents the NSA from accessing local utilities or other assistance in Michigan.

“The intent of the legislation is to prohibit the state from assisting a federal agency from illegally collecting a person's electronic data or metadata,” Baker said. “We don’t deal in hypotheticals.”

The NSA declined to comment on the Michigan law, as did a spokesman for the Office of the Director of National Intelligence.

...

Lawsuits challenging NSA surveillance generally are derailed on standing. In a rare exception, a panel of federal judges ruled last year that the Wikimedia Foundation had standing to challenge the NSA’s Upstream collection program, which the government says is legal under Section 702 of the Foreign Intelligence Surveillance Act. Upstream collection takes information directly from the cables and switches that make up the Internet’s backbone, collecting an unknown number of domestic records, which are then searchable without a warrant.

Howrylak said passage of the law "speaks to the fact that a lot of the domestic surveillance of American citizens is highly unpopular."

https://www.washingtonexaminer.com/...nowden-leak-michigan-effectively-bans-the-nsa