SB 21 was filed in December by state Sen. Jerry Hill (D-San Mateo), proposing that all new law enforcement surveillance equipment to be first approved by local government. The approval process would require agencies to submit a Surveillance Use Policy at a meeting open to the public. They would have to specify the type of technology to be use, data to be collected, who would have data access, storage duration, and the steps taken to ensure security and privacy. The bill had initially been approved by the Judiciary Committee.
- Separate use policies for each kind of equipment
- Affirmative legislative approval required for use policies and impact reports or use ceases
- Ongoing usage reporting no less than every two years
- Amendments required due to requesting funds for acquiring, using, or accessing information from any new technology
Private right of action for those harmed by violation of the policy
Limitations on exigent use
Inclusion of district attorneys
The bill, in its latest incarnation, has now passed through the Budget Committee (aka. Appropriations), and can now move on to the State Senate and Assembly.
Restore the Fourth had a strong showing from around the country at this year’s HOPE XI conference. Brian Hofer and aestetix of RT4 San Francisco hosted the talk ‘Spy Hard with a Vengeance: How One City Stood Up to the Department of Homeland Security‘ regarding their fight against a DHS Domain Awareness Center in Oakland, CA. RT4 Chairman Alex Marthews spoke on the chilling effects of government surveillance on citizens’ online activity in his talk ‘Surveillance Gives Me Chills‘. RT4 ally and ACLU lawyer Matt Cagle appeared on panel for ‘Only You Can Stop Police Surveillance‘. And RT4 launched ‘Episode Zero’ of the forthcoming RT4 podcast ‘Privacy Patriots‘ on Radio Statler, with host Fongaboo, Zaki Manian and Alex Marthews.
Spy Hard with a Vengeance: How One City Stood Up to the Department of Homeland Security
Brian Hofer & aestetix, RT SF
Surveillance Gives Me Chills
Alex Marthews, RT4 National Chair
Only You Can Stop Police Surveillance
Matt Cagle, Mariko Hirose, Jared Friend
— Privacy Patriots (@PrivacyPats) July 27, 2016
Archive is forthcoming at http://radio.hope.net/archive.html
The Wall Street Journal, not having the benefit of a near-pathological obsession with all things surveillance-related, has done some goldfish reporting on how shocked, shocked they are that the NSA may have “inadvertently” and “incidentally” gathered up some communications of US elected representatives, during the course of closely scrutinizing the communications of Binyamin Netanyahu.
It’s goldfish reporting because it exhibits no long-term memory of the history of political surveillance; and more particularly, of recent domestic political surveillance stories.
In 2009, liberal Congresswoman Jane Harman was caught in an almost identical scandal, having likewise been a vehement defender of the NSA, and reacted in the same way, denouncing mass surveillance only when it was turned her way.
From 2009 to 2012, the CIA spied on staffers for Senator Dianne Feinstein and other Democratic Intelligence Committee senators, in order to monitor, and to attempt to discredit, their efforts to hold the CIA accountable for horrific and repeated acts of torture; leading Senator Rand Paul to describe the CIA as “drunk with power” and to talk about the “real fear in Senators’ eyes”.
After the Snowden revelations, speculation ran rampant that Supreme Court Justice John Roberts’s last-minute and unexpected change of his key vote on the constitutionality of Obamacare, had been influenced by the NSA’s possession of information on him derived from its mass surveillance systems.
In April 2015, Congressman Jason Chaffetz had personal information from his past leaked by the Secret Service in order to discredit his efforts to investigate the Secret Service for a series of scandals involving drunk driving, hiring sex workers, and failing to protect the White House from trespassers.
The testimony of NSA whistleblower Russell Tice suggests that these are not just isolated cases that happen to have come to light. Instead, they are likely to be the visible portions of an active practice of surveillance of elected officials and jurists with decision-making authority over the budgets and activities of the surveillance state. It’s not an accident that Congress keeps voting in favor of substantive NSA reforms in public, that then mysteriously get stripped in committee. Surveillance power is blackmail power; it’s been used before in the US, is being used now, and will be used in the future, until we stop it.
Saying this is not paranoia; it’s only to be expected. Set up a mass surveillance system, and it will inevitably be turned against its own overseers. That’s a major reason to adhere to the Fourth Amendment and refuse to set one up.
Of course the NSA will spy on their alleged political overseers. Who the hell would stop them? The FISC? Congress itself, which just gleefully expanded surveillance because somebody said “ISIS, ISIS, ISIS, Boo!”? The President?
I think not.