Arizona Fourth Amendment Protection Act Explained

Short Title:Arizona Fourth Amendment Protection Act
Legislature:Arizona State Legislature
Status:Not Passed

The Arizona Fourth Amendment Protection Act is a bill proposed in the Arizona legislature that would withdraw state support for collection of metadata and ban the use of warrantless data in courts.[1] [2]

The bill was introduced into the Arizona Senate by Sen. Kelli Ward on January 22, 2014. It has multiple co-sponsors, including Senate President Andy Biggs.[3] [4]

The bill would "ban the state from engaging in activities which help the NSA carry out their warrantless data-collection programs, or even make use of the information on a local level."[5] [6]

Content

The bill would amend Arizona Revised Statutes.[7] Under the proposed legislation, Arizona would not

provide material support or assistance in any form to any federal agency that claims the power to collect, or comply with any federal law, rule, regulation or order that purports to authorize the collection of, electronic data or metadata of any person pursuant to any action that is not based on a warrant that particularly describes the person, place and thing to be searched or seized.[8]
The bill further prohibits data obtained without a warrant from being used in Arizona courts.[9]

The bill would also prohibit public universities within the state from being "NSA research facilities or recruiting grounds."[10] The NSA has agreements with 166 schools, including two Arizona state universities.[11]

Discussion

Many lawmakers believed that in the wake of the Snowden disclosures, restoration of public trust would require legislative changes. More than 20 bills have been written with the goal of reining in government surveillance powers since the disclosures began in June 2013.

Ward explained her introduction of the bill, saying, "There is no question that the NSA program, as it is now being run, violates the Fourth Amendment. This is a way to stop it".[12]

Media quoted Lyle Mann, director of the Arizona Peace Officers Standards and Training board, who opposes the bill, as saying "if they do nothing with the information, something bad is going to happen".[13]

See also

External links

Notes and References

  1. Web site: SB 1156: An Act amending title 41, chapter 9, Arizona Revised Statutes, by adding article 10; relating to prohibited electronic data collection . Arizona Legislature . January 24, 2014. (further documents at Arizona legislature SB 1156)
  2. News: Arizona first US state to attempt legal resistance to NSA surveillance . The Nation . Colombo, Sri Lanka . February 5, 2014 . https://web.archive.org/web/20140222062014/http://www.nation.lk/edition/breaking-news/item/25562-arizona-first-us-state-to-attempt-legal-resistance-to-nsa-surveillance.html . February 22, 2014 . dead .
  3. News: Gallagher . Rhan . U.S. Lawmakers Launch Assault on NSA Domestic Snooping . Slate . January 18, 2014.
  4. News: Roberts . Dan . Patriot Act author prepares bill to put NSA bulk collection 'out of business' . The Guardian . London . January 20, 2014.
  5. Web site: Boldin . Michael . Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court . Tenth Amendment Center Blog . Tenth Amendment Center . November 21, 2013 . January 24, 2014.
  6. Mike . Maharrey . Arizona Legislation Tells NSA 'You're Not Welcome Here' . Tenth Amendment Center . December 9, 2013 . January 24, 2014.
  7. title 41, chapter 9 by adding article 10; see bill text and other data on SB1156 at the Arizona legislature website.
  8. News: Farivar . Cyrus . How to stop the NSA? Start with new bills at each statehouse, activists say . Ars Technica . January 30, 2014 . February 5, 2014.
  9. Web site: Boldin . Michael . Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court . Tenth Amendment Center Blog . Tenth Amendment Center . January 23, 2014 . February 5, 2014.
  10. Web site: Eric . Lach . Arizona Republican Wants To Stop State From Helping The NSA . Talking Points Memo . December 9, 2013 . February 5, 2014.
  11. Web site: Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court . Nullify NSA . January 23, 2014 . February 5, 2014 . https://web.archive.org/web/20140130033520/http://offnow.org/2014/01/23/arizona-4th-amendment-protection-act-introduced-bans-help-nsa-use-warrantless-data-court/ . January 30, 2014 . dead .
  12. News: Steven . Nelson . New Legislation Would Ban NSA From Arizona . U.S. News & World Report . December 9, 2013 . February 5, 2014.
  13. News: Police Group Objects to Bill Blocking Use of Metadata . Arizona Daily Sun . Flagstaff, AZ . Howard . Fischer . Capitol Media Services . February 4, 2014 . February 5, 2014.

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