New Hampshire Bill To Ban NSA Activity Called the Biggest Threat Since the Civil WarBy Mike Maharrey Rep. Neal Kurk prefiled House Bill 1494 (HB1494). The legislation would prohibit government agencies from acquiring, collecting, retaining or using personal information and social media data without a warrant in most cases. The bill does allow a few exceptions to the warrant requirement. Governments can collect personal information with the express written permission of the owner, pursuant to a judicially recognized exception to the warrant requirement or in some emergency situations. HB1494 broadly defines personal information. A persons name; date or place of birth; social security number; address; employment history; credit history; financial information; account numbers; cellular telephone, voice over internet protocol or landline telephone numbers; biometric identifiers, including fingerprints, facial photographs or images, retinal scans, DNA/RNA or other identifying data unique to that individual; or one or more pieces of information that, when considered together or in the context of the information that is presented or gathered, are sufficient to specify a unique individual. HB1494 includes criminal penalties. In other words, law enforcement agents collecting information in violation of the law would be subject to arrest. The legislation does contain a qualification that seems rather broad. It allows information collection if required by a government pursuant to state or federal law, provided that such information is requested of and supplied by an information and service provider for named individuals only or, in the case of employees and/or contractors of an information and service provider, for all of its employees and/or contractors. It remains unclear exactly how much latitude this would give law enforcement agencies to gather data on individuals without a warrant. Even with this loophole, HB1494 would still bar state and local law enforcement agencies in New Hampshire from acquiring any information or data gathered through mass surveillance including information shared by federal agencies. EFFECT ON FEDERAL DATA SHARING Even though the bill does not directly address data gathered by federal agencies, prohibiting state and local law enforcement from obtaining data gathered through mass surveillance would effectively end a practical effect of NSA spying. NSA collects, stores, and analyzes data on countless millions of people without a warrant, without even the mere suspicion of criminal activity. The NSA also tracks the physical location of people through their cellphones. In late 2013,the Washington Post reportedthat NSA is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world. This includes location data on tens of millions of Americans each year without a warrant. Through fusion centers, state and local law enforcementact as information recipientsfrom various federal departments under Information Sharing Environment (ISE). ISE partners include the Office ofDirector of National Intelligence, which is an umbrella covering 17 federal agencies and organizations, including the NSA. State and local law enforcement share data up the chain with the feds. The NSA expressly shares warrantless data with state and local law enforcement through a super-secret DEA unit known as the Special Operations Division (SOD). That information is being used for criminal prosecutions. AReuters reportlast fall showed that most of this shared data has absolutely nothing to do with national security issues. Most of it involves routine criminal investigations. This data sharing shoves a dagger into the heart of the Fourth Amendment. In an interview last fall, former NSA technical chief William Binney called NSA information sharing the most threatening situation to our constitutional republic since the Civil War. Thats what happens when you allow this kind of assembly of information thats so much power. Thats like J. Edgar Hoover on super-steroids, he said. This is not compatible with any form of democracy at all. Passage of HB1494 into law would prohibit this from happening in New Hampshire. ACTION ITEMS For New Hampshire: Contact your state representative and politely urge them to support and co-sponsor HB1494. You can find their contact information HERE. For other states: Contact your state legislators and urge them to introduce legislation to protect electronic data. You can find contact information HERE. Mike Maharrey writes for the TenthAmendmentCenter.com where this article first appeared. I guess I can strike this web site off my list now. I dont understand why my comment from the Well-Armed selfnewss Openly Defy Texas Law to Feed the Homeless Hundreds Clothed and Fed wasnt allowed to post with a hyperlink. It sat in moderation for a little while and then you refused to post it. Why? It wasnt critical of this web site, nor was there any curse words or racial epithets. Im goneyou lost a visitor/reader of this site Later suppressors! Im sticking around because AP presents many topics from many frames which are often not readily availableBUT, if what you state is true, Ive certainly placed a raised eyebrow on what happens in the futureto me, any form of censure surely smacks of skirts in the air fear and that is one element that one would expect to not be part of the AP repertoireyour qualifications for care in posting ring right to me, so.one raised eyebrow it do be. What you say is true. When your comment is placed into Moderation Purgatory, it usually means that while the information is true, is correct, is verifiable and is not illegal to say; it is something that the moderator does NOT agree with or like. Many sites do this: Clashdaily just to name a few. Go Granite State !!!!!!!!!!!!! WELL FOLKS OBOOOMASSS the magnificent FARCE will be out of the circle of control if this happens. ///////////////////////// GO FOR IT New Hampshire stick it to OBOOOOMASSS . ////////////////// Why hasnt the NSA come forward with copies Hilarys emails? Theyd clear up that mess right quick. Oh, I forgot shes protected by this administration. Seriously, how many terrorists have they caught using our information? They cant even stop mass murders before they start! deleting a government email is treasonous top secret docs sold to the highest and best bidder of cash. BTW: AP has posted all of my dumbass remarks I heart you guys/gals. 