Bill would bar state from aiding NSA surveillance

California state agencies and officials, as well as corporations providing services to the state, would be prohibited from supporting or assisting the federal government’s collection of certain data on Californians, under a bipartisan bill introduced Monday by two state lawmakers.

Ted Lieu“The National Security Agency’s massive level of spying and indiscriminate collecting of phone and electronic data on all Americans, including more than 38 million Californians, is a direct threat to our liberty and freedom,” state Sen. Ted Lieu, D-Torrance, said in a news release.

Lieu co-authored SB 828 with state Sen. Joel Anderson, R-San Diego. “I support this bill because I support the Constitution, our Fourth Amendment rights and our freedoms to live in the United States of America,” Anderson said in the release.

A federal judge ruled last month that the National Security Agency’s blanket collection of phone records is unconstitutional, calling the dragnet “near Orwellian,” the lawmakers noted. “I agree with the NSA that the world is a dangerous place. That is why our founders enacted the Bill of Rights. They understood the grave dangers of an out-of-control federal government,” Lieu said.

“All 317 million Americans cannot reasonably be considered to be suspicious simply for making or receiving telephone calls,” he said. “The NSA’s blanket seizure of the telephone records of all Americans is therefore an ‘unreasonable seizure’ by any definition of the term under the Fourth Amendment.”

The lawmakers said the NSA sometimes relies upon services provided by the state, or upon private entities that provide services on behalf of the state. SB 828 would ban state agencies, officials, and corporations providing services to the state from giving any material support, participation or assistance to any federal agency to collect electronic or metadata of any person, unless there has been a warrant issued that specifically describes the person, place and thing to be searched or seized.

The state Senate last year voted 32-1 to pass Lieu’s resolution urging Congress to vote to stop the NSA’s unconstitutional practices.

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • RRSenileColumnist

    More feel-good, meaningless because unenforceable, drivel masquerading as civil liberties legislation.

  • Elwood

    What RR said!

  • JohnW

    There’s no way to really know. But if the meta-data surveillance program had been around in 2001, they might have connected the dots and prevented 911. If a computer in Utah detects my phone number showing up in a swarm of calls between Yemen, Brooklyn, Berlin and Saudi Arabia, I think they flag it and check it out.