Campos aims to curb police militarization, drones

Local police forces’ militarization would be curtailed on the ground and in the air, under bills introduced Monday by a South Bay lawmaker.

Assemblywoman Nora Campos, D-San Jose, introduced a bill that would forbid local law enforcement agencies from buying surplus military equipment without public input and approval from their local elected governing body, like a city council or a county board of supervisors.

Nora Campos“My bill is intended to help California communities and local law enforcement find the balance that is right for them. We are not a military state and our neighborhood streets shouldn’t be turned into warzones,” Campos said in a news release.

“Excessively militarizing the police isn’t necessarily in the best interest of a community,” she continued. “It does nothing to improve community relations when routine police actions, including crowd control, center on heavy military weaponry. Obviously, there are situations that require a strong law enforcement response and I will always support efforts to keep our law enforcement officers safe.”

Campos introduced another bill Monday that would require warrants for human surveillance collected by airborne drones; destruction of drone-collected data within one year; and limits on sharing that data.

“We must ensure that information collected by drones is not used against law-abiding people, and that people’s civil rights remain intact,” Campos said. “This is a common sense bill that stands on our tradition of fair treatment and justice under the law.”

The bill provides exceptions. For example, law enforcement agencies wouldn’t have to get a warrant before using a drone in response to exigent circumstances, traffic accidents, fires, environmental disasters, and searching for illegal vegetation in wilderness areas.

Gov. Jerry Brown in September vetoed another bill on this subject, AB 1327 by Assemblyman Jeff Gorell, R-Camarillo, Campos noted, but “drones are here to stay and my bill will be a vehicle for finding the right balance. I look forward to working with all the interested parties.”


AG Eric Holder tells Missouri cops to back off a bit

This just in from U.S. Attorney General Eric Holder, who met earlier today with President Obama to discuss the latest developments in Ferguson, Missouri:

Eric Holder“This morning, I met with President Obama to discuss the events in Ferguson, Missouri. Like the President, I extend my heartfelt condolences to the family of Michael Brown. While his death has understandably caused heartache within the community, it is clear that the scenes playing out in the streets of Ferguson over the last several nights cannot continue.

“For one thing, while the vast majority of protests have been peaceful, acts of violence by members of the public cannot be condoned. Looting and willful efforts to antagonize law enforcement officers who are genuinely trying to protect the public do nothing to remember the young man who has died. Such conduct is unacceptable and must be unequivocally condemned.

“By the same token, the law enforcement response to these demonstrations must seek to reduce tensions, not heighten them. Those who peacefully gather to express sympathy for the family of Michael Brown must have their rights respected at all times. And journalists must not be harassed or prevented from covering a story that needs to be told.

“At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that the deployment of military equipment and vehicles sends a conflicting message. At my direction, Department officials have conveyed these concerns to local authorities. Also at my direction, the Department is offering – through our COPS office and Office of Justice Programs – technical assistance to local authorities in order to help conduct crowd control and maintain public safety without relying on unnecessarily extreme displays of force. The local authorities in Missouri have accepted this offer of assistance as of this afternoon.

“Department officials from the Community Relations Service are also on the ground in Missouri to help convene law enforcement officials and civic and faith leaders to plot out steps to reduce tensions in the community. The latest such meeting was convened in Ferguson as recently as this morning. Over time, these conversations should consider the role that increased diversity in law enforcement can play in helping to build trust within communities.

“All the while, the federal civil rights investigation into the shooting incident itself continues, in parallel with the local investigation into state law violations. Our investigators from the Civil Rights Division and U.S. attorney’s office in Missouri have already conducted interviews with eyewitnesses on the scene at the time of the shooting incident on Saturday. Our review will take time to conduct, but it will be thorough and fair.”


Bill would ban sale of license-plate reader data

Those who collect data with automatic license-plate readers would be prohibited from selling or sharing it except among law enforcement agencies, under a bill introduced Friday by a Bay Area state Senator.

“Automatic license plate reader technology is a useful tool for law enforcement,” state Sen. Jerry Hill, D-San Mateo, said in a news release. “But use of this technology must be balanced with personal privacy.”

Used mainly by law enforcement agencies, automatic license plate reader technology uses high-speed cameras – often mounted on police cars, but sometimes mounted at fixed points as well – along with software and criminal databases to rapidly check and track the license plates of millions of Californians. It’s also often used by private, non-law enforcement entities, such as parking and repossession companies.

But as use of this technology has increased, so has the concern of civil libertarians; current law doesn’t require LPR operators to keep the data private.

Under SB 893, data that’s less than five years old could be sold or provided only to law enforcement; data that’s more than five years old would be available to law enforcement only with a court order. Violators would be subject to civil lawsuits, with anyone affected by a privacy breach entitled to recover damages including costs and attorney’s fees.

license plate readersHill notes license-plate readers are an important law-enforcement tool: The Sacramento County Sheriff’s Department, in its first 30 days of using the technology, identified and located 495 stolen vehicles, five carjacked vehicles, and 19 other vehicles that were involved in felonies. These identifications led to 45 arrests, including some people suspected of bank robbery and home invasion.

“Law enforcement will still be able to continue to use LPR technology to catch criminals,” Hill said. “But Californians will have peace of mind that their personal information is safeguarded.”


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.


Mike Thompson helps introduce FISA oversight act

Rep. Mike Thompson helped introduce a bipartisan bill today that he and his co-authors say would strengthen congressional oversight and improve accountability from the nation’s intelligence community, which has been accused of overstepping its bounds in surveillance of U.S. citizens.

The Intelligence Oversight and Accountability Act of 2013, H.R. 3103, requires that any Foreign Intelligence Surveillance Court decision, order or opinion that includes a denial or modification of an intelligence community request, or that results in a change to any legal interpretation of the Foreign Intelligence Surveillance Act, be shared with Congress.

Mike Thompson“Our government has a responsibility to both protect American lives and our citizens’ civil liberties,” Thompson, D-Napa, said in a news release. “This bill helps us meet that responsibility by strengthening Congress’ aggressive oversight of our Intelligence Community. Through the oversight and accountability provided by this bill, we can help make sure our Intelligence Community operates within legal and constitutional boundaries while they continue their brave work to keep Americans safe.”

The bill’s other co-authors are Frank LoBiondo, R-N.J.; Luis Gutierrez, D-Ill.; and J. Randy Forbes, R-Va.

Under current law, when the FISC or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, the attorney general must determine if the issue considered by the FISC includes a “significant construction or interpretation of the law.” If the attorney general determines that the decision is significant, that information must be shared with Congress. But if the attorney general determines that the decision is not “significant,” the information doesn’t have to be shared with Congress.

The bill also requires the Justice Department to include enhanced summaries of the FISC’s decisions, orders, and opinions to make the facts, issues, and legal reasoning involved in these matters more accessible to Congress.

H.R. 3103 has been referred to the House Judiciary Committee, on which Gutierrez and Forbes are senior members, and the Permanent Select Committee on Intelligence, on which Thompson, LoBiondo and Gutierrez are senior members.


House members weigh in on NSA abuses report

Capitol Hill and the American public are going bananas today over a Washington Post report that National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008.

From House Minority Leader Nancy Pelosi, D-San Francisco:

Nancy Pelosi“Press reports that the National Security Agency broke privacy rules thousands of times per year and reportedly sought to shield required disclosure of privacy violations are extremely disturbing.

“Current laws governing NSA’s collection activities contain safeguards to ensure the protection of privacy and civil liberties including provisions that require that incidents of non-compliance be reported to Congress and the FISA Court. Congress must conduct rigorous oversight to ensure that all incidents of non-compliance are reported to the oversight committees and the FISA court in a timely and comprehensive manner, and that appropriate steps are taken to ensure violations are not repeated.”

From Rep. Mike Thompson, D-Napa:

Mike Thompson“Reports that the NSA repeatedly overstepped its legal boundaries, broke privacy regulations, and attempted to shield required disclosure of violations are outrageous, inappropriate and must be addressed. These reports, if accurate, highlight the need for aggressive oversight of the NSA’s intelligence gathering activities. This is exactly why I worked to establish an independent Inspector General for the intelligence community that will detect and deter abuse and misconduct within intelligence programs. Now we must act to make sure the abuses are not repeated.

“Congress and the Intelligence Committees can and should do more to ensure the NSA’s operations respect Americans’ civil liberties, that all incidents of non-compliance, if substantiated, are reported in a timely and comprehensive manner, and that appropriate steps are taken to make sure the incidents are not repeated.

“I do not believe protecting our citizens’ lives and civil liberties are mutually exclusive pursuits. Through aggressive oversight we can ensure our intelligence community can continue working to keep our country safe while respecting our citizens’ constitutional rights.”

Less than a month ago, Pelosi and Thompson both voted against an amendment put forth by Rep. Justin Amash, R-Mich., which would’ve banned the NSA’s bulk, indiscriminate collection of phone records; the amendment failed on a 205-217 vote.

Among those who voted for the Amash amendment was Rep. Jackie Speier, D-San Mateo, who today said:

Jackie Speier“It’s clear that oversight of the NSA and the broader intelligence community is failing. I fear the NSA has abused its power and lost the trust of many Americans. Congress needs to re-examine its relationship to the intelligence community if we are going to restore confidence that privacy rights are protected in this country.

“First, the internal audit released today needs to be held as a model practice for transparency. Audits such as this one should be done more frequently and comprehensively. The findings of these audits must be delivered to Congress. Second, the Foreign Intelligence Surveillance Court must be privy to the NSA’s actions and no longer reliant on the NSA’s self-reporting. Third, there need to be stronger protections for whistleblowers. Intelligence community employees and contractors must feel safe to report wrongdoing and be protected from retribution.

“Congress cannot allow such sweeping violations of privacy to continue.”