Washington State Rep. Matt Shea (R) has introduced a
“Fourth Amendment Protection Act’ that would block all unlawful NSA
surveillance and lay the groundwork for other states to follow suit.
House BIll 2272,
which also received bipartisan backing from Representatives Taylor,
Moscoso, Overstreet, Scott, Blake, and Condotta, would codify Washington
State’s refusal to allow the federal government to collect the
electronic information of its citizens without a warrant.
“It is the policy of this state to refuse material
support, participation, or assistance to any federal agency which claims
the power, or with any federal law, rule, regulation, or order which
purports to authorize, the collection of electronic data or metadata of
any person pursuant to any action not based on a warrant that
particularly describes the person, place, and thing to be searched or
seized,” states the bill.
Crucially, the legislation would prohibit state-owned
utilities from providing water and electricity to physical NSA locations
in the state like the U.S. Army’s Yakima Training Center, which serves
as an NSA listening post. The bill would also ban public universities
from serving as NSA research facilities.
“We’re running with this bill to provide protection
against the ever increasing surveillance into the daily lives of our
citizens,” said Republican lawmaker David Taylor. “Our Founding Fathers
established a series of checks and balances in the Constitution. Given
the federal government’s utter failure to address the people’s concerns,
it’s up to the states to stand for our citizens’ constitutional
rights.”
Section 4 of the bill also blocks funds for political
subdivisions that collaborate with any branch of the federal government
in aiding in the mass surveillance of citizens of the state.
The legislation also forbids information provided by a
federal agency which has been obtained via warrantless surveillance from
being used in criminal investigations.
“We know the NSA shares data with state and local law
enforcement,” said the Tenth Amendment Center’s Mike Maharrey. “We know
that most of this shared data has absolutely nothing to do with national
security issues. This bill would make that information inadmissible in
state court. This data sharing shoves a dagger into the heart of the
Fourth Amendment. This bill would stop that from happening. This is a
no-brainer. Every state should do it.”
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