Arizona Fourth Amendment Protection Act

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][3]

Arizona Fourth Amendment Protection Act
Arizona State Legislature
Status: Not passed

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.[4][5]

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."[6][7]

Content

The bill would amend Arizona Revised Statutes.[8] 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.[9]

The bill further prohibits data obtained without a warrant from being used in Arizona courts.[10]

The bill is based on a model act provided by the Tenth Amendment Center and Offnow.[11]

The bill would also prohibit public universities within the state from being "NSA research facilities or recruiting grounds."[12] The NSA has agreements with 166 schools, including two Arizona state universities.[13]

Discussion

Many lawmakers believed that in the wake of the Snowden disclosures, restoration of public trust would require legislative changes.[5] More than 20 bills have been written with the goal of reining in government surveillance powers since the disclosures began in June 2013.[4]

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".[14]

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".[15]

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gollark: Er, sticks.
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gollark: 🌴
gollark: Stick currently, but it can be de-electrified if a chapter is written.

See also

References
  1. "SB 1156: An Act amending title 41, chapter 9, Arizona Revised Statutes, by adding article 10; relating to prohibited electronic data collection". Arizona Legislature. Retrieved January 24, 2014. (further documents at Arizona legislature SB 1156)
  2. "Arizona first US state to attempt legal resistance to NSA surveillance". The Nation. Colombo, Sri Lanka. Archived from the original on February 22, 2014. Retrieved February 5, 2014.
  3. "Arizona first US state to attempt legal resistance to NSA surveillance". RT Network. February 5, 2014. Retrieved February 5, 2014.
  4. Gallagher, Rhan. "U.S. Lawmakers Launch Assault on NSA Domestic Snooping". Slate. Retrieved January 18, 2014.
  5. Roberts, Dan. "Patriot Act author prepares bill to put NSA bulk collection 'out of business'". The Guardian. London. Retrieved January 20, 2014.
  6. Boldin, Michael (November 21, 2013). "Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court". Tenth Amendment Center Blog. Tenth Amendment Center. Retrieved January 24, 2014.
  7. Maharrey, Mike (December 9, 2013). "Arizona Legislation Tells NSA 'You're Not Welcome Here'" (Press release). Tenth Amendment Center. Retrieved January 24, 2014.
  8. title 41, chapter 9 by adding article 10; see bill text and other data on SB1156 at the Arizona legislature website.
  9. Farivar, Cyrus (January 30, 2014). "How to stop the NSA? Start with new bills at each statehouse, activists say". Ars Technica. Retrieved February 5, 2014.
  10. Boldin, Michael (January 23, 2014). "Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court". Tenth Amendment Center Blog. Tenth Amendment Center. Retrieved February 5, 2014.
  11. "US senators propose bill to shut off NSA's water supply in California". TV-Novosti. January 7, 2014. Based on the model legislation—the Fourth Amendment Protection Act—first drafted by the Tenth Amendment Center and activists at the Offnow coalition
  12. Lach, Eric (December 9, 2013). "Arizona Republican Wants To Stop State From Helping The NSA". Talking Points Memo. Retrieved February 5, 2014.
  13. "Arizona 4th Amendment Protection Act Introduced, Bans Help to NSA, use of Warrantless Data in Court". Nullify NSA. January 23, 2014. Archived from the original on January 30, 2014. Retrieved February 5, 2014.
  14. Nelson, Steven (December 9, 2013). "New Legislation Would Ban NSA From Arizona". US News and World Report. Retrieved February 5, 2014.
  15. Fischer, Howard (February 4, 2014). "Police Group Objects to Bill Blocking Use of Metadata". Arizona Daily Sun. Flagstaff, AZ. Capitol Media Services. Retrieved February 5, 2014.
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