On Monday, an Arizona state Senate committee became the first legislature in the U.S. to pass a bill designed to thwart unconstitutional surveillance by the National Security Agency (NSA).<\/p>\n
Senate Bill 1156, the Arizona Fourth Amendment Protection Act<\/a>, was introduced by Senator Kelli Ward and 14 other sponsors and co-sponsors.\u00a0 The bill, based on legislation drafted by the OffNow Coalition<\/a>, would ban Arizona from \u201cengaging in activities that help the NSA carry out its warrantless data-collection programs, or from making use of the information on a local level.\u201d<\/p>\n Senator Ward said her goal \u201cis to protect liberty and the Constitution.\u201d\u00a0 Rephrasing Benjamin Franklin, Senator Ward stated, \u201cWe cannot sacrifice liberty for security.\u201d<\/p>\n Although the bill passed by a vote of 4-2, there was a lengthy debate with \u201csignificant opposition from some state agencies.\u201d\u00a0 The Tenth Amendment Center<\/a> reported that \u201crepresentatives of several state agencies testified in the hearing as \u2018neutral with concerns,\u2019 generally suggesting they would oppose the bill without changes.\u00a0 A law enforcement spokesman, plus representatives from the departments of environmental quality, housing, revenue, public safety and health services were all concerned that they would not be able to share any information with federal agencies, rendering their programs virtually out of business.\u201d<\/p>\n Senator Ward \u201cworked to allay their fears by reading a portion of SB1156 making it clear that participation in various programs was not the target of the bill\u2019s prohibition, but only the use of electronic data and metadata obtained without a warrant in criminal proceedings.\u201d<\/p>\n She went on to challenge some of the department heads by asking, \u201cThat information you are talking about is given to you voluntarily, correct?\u00a0 You\u2019re not stealing information from the people and giving it to the federal government are you?<\/p>\n In an attempt to clarify what the bill is about, Tenth Amendment Center National Communications Director Mike Maharrey said, \u201cWe know from a Reuters report that the federal government shares unconstitutionally gathered data with state and local law enforcement.\u00a0 We know that the vast majority of it has nothing to do with national security.\u00a0 This bill would make this illegally gathered data inadmissible in court.\u00a0 It has nothing to do with the state sharing legally gathered data with the federal government.\u201d<\/p>\n Last year, Reuters<\/a> reported the NSA shares data with both state and local law enforcement agencies through a secret group known as the Special Operation Division.\u00a0 And both the Washington Post and USA Today also reported <\/a> that \u201cthe FBI and most other investigative bodies in the federal government are regularly using a mobile device known as a \u2018stingray\u2019 to intercept and collect electronic data without a warrant.\u00a0 Local and state police \u2018have access through sharing agreements.\u2019\u201d<\/p>\n While Arizona and other states may not be able to stop the NSA or other governmental agencies from gathering data without a warrant, Senator Ward believes \u201cprohibiting the use of data collected without a warrant in state and local courts will have the most immediate and far-reaching impact.\u201d<\/p>\n Senator Kelli Ward (R, AZ) joins Amerika Now<\/a> during the third hour of the show this Saturday to discuss the Arizona Fourth Amendment Protection Act and its possible implications.<\/p>\n