New Hampshire Passes House Bill 1533 to Ban Use of Warrantless Data Collection

Friday, March 7, 2014

Yesterday, the New Hampshire house passed a bill to thwart some of the actions of the growing surveillance state. House Bill 1533 (HB1533), which bans the use of any information obtained from a “portable electronic device” such as mobile phone in “a criminal, civil, administrative, or other proceeding,” passed by a voice vote and now moves on to the senate for further consideration.

Also this week, a house committee gave final approval to HB1567, which bans the state from obtaining “location information of an electronic device without a warrant issued by a judge based on probable cause and on a case-by-case basis.” And HB1619 was previously approved by that same committee. That bill prohibits the acquisition, collection, or retention of personal information including “personal identifiers, content, and usage, given or available to third-party providers of information and services, including telephone; electric, water and other utility services; internet service providers; social media providers; banks and financial institutions; insurance companies; and credit card companies.”

Off-Now coalition member Shane Trejo said that this was an important part of the overall effort to push back against NSA spying. “These bills are an important step forward to ban local law enforcement from becoming just another arm of the national surveillance state lead by the NSA and FBI,” he said. “And by prohibiting the use of such information on a state level, it also blocks some of what the federal spies are trying to do in practice.”

NSA collects, stores, and analyzes data on countless millions of people without a warrant, and without even the mere suspicion of criminal activity. The NSA also tracks the physical location of people through their cellphones. In late 2013, the Washington Post reported that NSA is “gathering nearly 5 billion records a day on the whereabouts of cellphones around the world.” This includes location data on “tens of millions” of Americans each year – without a warrant.

Through fusion centers, state and local law enforcement act as information recipients from various federal departments under Information Sharing Environment (ISE). ISE partners include the Office of Director of National Intelligence, which is an umbrella covering 17 federal agencies and organizations, including the NSA.

The NSA also expressly shares warrantless data with state and local law enforcement through a super-secret DEA unit known as the Special Operations Division (SOD). We know that information is being used for criminal prosecutions. Reuters released documents in 2013 which prove that most of this shared data has absolutely nothing to do with national security issues. Most of it involves routine criminal investigations.

“This data sharing shoves a dagger into the heart of the Fourth Amendment,” said Trejo. ”These three bills will prevent state law enforcement from gathering warrantless data and sharing it up the chain, and it will make information vacuumed up by the feds and shared down the chain inadmissible in court, stopping a practical effect of federal spying.”

HB1533 now moves on to the state senate, where it will first need to be approved by a committee before the full senate has an opportunity to concur. HB1567 and HB1619 are due for a full state house vote before the end of March.

Until each state follows suit, state and federal government entities will continue to gather data, in clear and direct violation of Constitutional Law, leaving each of us vulnerable to their whims.

We must continue our siege, upon our respective state legislators and governors, to enacts Bills, such as these, and remind them that it’s THEIR duty, as elected representatives, to protect US.

(See also NH HB 1533 & NH HB 1619)

ACTION ITEMS

If you live in New Hampshire, take action HERE: http://offnow.org/newhampshire/

All other states, take action HERE: http://offnow.org/action/state/

Please visit and support the Tenth Amendment Center where this article first appeared.

(source: Activist Post)

Copy of the Bill, in PDF, is found here:  http://www.gencourt.state.nh.us/legislation/2014/HB1533.pdf
Janyk

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13 Responses to New Hampshire Passes House Bill 1533 to Ban Use of Warrantless Data Collection

  1. Kathy says:

    Good stuff, Janyk, and kudos to NH for taking the initiative to get ahead of this. While it’s good they’re doing this, it’s a pity they have to take this sort of action against our federal level of government. It gives us a new appreciation for the 10th amendment.

    • Janyk says:

      It’s a shame that we have go this route at all, really. Had our legislators been the “representatives” we hired, and adamant about their oaths of office, this wouldn’t be necessary.
      And, if we didn’t elect a fascist administration, at the federal level, we wouldn’t need to enact preventative and preemptive measures to protect us from their tyranny.

      Our neighbors cast their lots and we lost. Now it’s time to dust off our shields and gird ourselves in the righteousness of the Constitution past on by those who founded this great “experiment” and fought to maintain it.

  2. Hardnox says:

    I thought New Hampshire was infested with lefties. What gives?

    I agree with their position and actions. Kudos to them.

    • Janyk says:

      As much as I’d like to think they’re doing it out of integrity, they’re most likely doing it because they’re also being targeted – certainly not an honorable reason.

  3. CW says:

    Thanks for posting this, Janyk.

    As glad as I am to see state’s standing up to the federal gov’t I would much prefer to fight the feds by taking back control of the senate and the White House, because when we have to combat laws by hasitly enacting even more laws it feels like there’s no finality to this battle. It’s as if we’re building a fortress around ourselves to protects us from being put in prison.

    • Janyk says:

      While I agree this needs to be fought at the federal level, IF we had a congress that was responsible to the people, as they should be, these actions wouldn’t be necessary at state level.
      Filing of “recalls”, now, on those whom are impotent, and the upcoming elections, are our only “legal” avenue of recourse at this time.

  4. Mrs AL says:

    States need to take control. I applaud NH in this effort. In the meantime, we in Virginia are going backwards thanx to the elected governor and ag. What a mess.

  5. tannngl says:

    I hope PA legislators are worried about their personal little ah erm, offenses. Perhaps we’ll get such legislation.