Arizona Senator Kelli Ward introduced SB 1156 (HTML | PDF) which would prevent agencies and corporations of The Great State of Arizona from assisting in the metadata collection by the NSA and other agencies.

The Tenth Amendment web site calls it the first in the nation.

Arizona Senator Kelli Ward (Photo AZ Legislature web)

FOURTH AMENDMENT

The Fourth Amendment of the inalienable Bill of Rights provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Supreme Court has so watered down most of the Bill of Rights through decisions based on ideology and not constitutionality that this provision is almost worthless. For example, TSA can violate your person without a warrant based on probable cause by Oath or affirmation by your simple act of buying a ticket for public transportation.

Apparently, however, the “fake” NSA spying scandal has finally pushed Senator Ward too far. The bill would not stop illegal data collection by the NSA and other agencies which has tapped into all forms of communications. It would only prevent the State agencies and corporations dealing with the State from providing any assistance to the federal government.

THE BILL

SB 1156 adds an Article 10 to the Civil Rights Chapter (9) of the Arizona Revised Statute prohibiting collection of electronic data and metadata.

Section A. of the bill prohibits “…an agency or political subdivision of this state, an employee of an agency or political subdivision of this state acting in the employee’s official capacity or a corporation providing services on behalf of this state or a political subdivision of this state…” from providing funding or material or providing any electronic gateway access for federal agencies to collect data without a warrant “…that particularly describes the person, place and thing to be searched or seized.”

Subsection 3. of A. specifies:

Provide services or participate or assist in any way with the providing of services to a federal agency, federal agent or corporation providing services to the federal government that is involved in 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.

This provision could call into question the use of Advanced Metering Infrastructure (AMI) or so-called “smart meter” techology. APS and other electrical utilities certainly provide electrical power to State agencies. And their smart meter provides data to federal government agencies. These companies also provide information about your electrical usage to third parties without your knowledge or permission—and certainly without a warrant. Most people do not understand that the Bill of Rights does not apply ONLY to government agencies, but to each individual citizen, as well.

Subsection 4. of this provision would make information obtained from this type of warrantless collection inadmissible in State courts.

Canada, uprotected by a Fourth Amendment, is experiencing and defending the same invasion of privacy. Some claim that metadata collection is ineffective. According to a Reuters article of August last year, a secretive agency of the U.S. Drug Enforcement Administration was funneling information gained unconstitutionally without a warrant with State law enforcement agencies. Even items with no national security significance.

The “teeth” of the bill comes in the provisions of Section C. and D. Subsection C. is particularly important.

Any agent or employee of this state or of any political subdivision of this state who knowingly violates this section is deemed to have resigned any commission from this state that the person may possess, the person’s office is deemed vacant and the person is forever after ineligible to hold any office of trust, honor or emolument under the laws of this state.

This means that anyone knowingly providing information to this system is basically fired to be replaced by whatever means the law provides. They are forever barred from running for office or, basically, holding a State job.

This could lead to some interesting court cases. Article I, Section 9., Clause 3 of the Constitution provides No Bill of Attainder or ex post facto Law shall be passed. Would the city father’s that voted for spy-meters be immediately fired if they refuse to have them removed? Would they have to be removed at all?

What about traffic cameras so popular with newscasters? Or street cameras? Private security cameras and cameras in stores would be exempt because they are on private property. Upon entering private property you are subject to the rules of the owner.

Subsection D. provides:

Any person or corporation that provides services to or on behalf of this state and that violates this section is forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

This leads back to spy-meters. If electrical utilities refuse to remove spy-meter technology, will the State stop using electricity? Will the State stop using telephones and cell phones that are tied into the NSA grid and monitored?

While the bill will not shut down NSA spying in the Great State of Arizona if passed, it will send a message that it is not appreciated. It also seems to reflect an Arizona going a more Tenth Amendment character. The Bill passed the Senate committee with a vote of 4-2 so it should move for a vote.