Minnesota bills would ban cellphone tracking without a warrant

Two Minnesota bills that together ban law enforcement from obtaining cellphone location tracking information and data without a warrant passed its first committee hurdle.

An Associated Press article reports, “On divided voice votes, the House Public Safety Committee advanced a pair of bills that impose a higher standard on law enforcement when they collect data from cellphones and other electronic location devices. Search warrants would be required in more instances, and the owner of the devices could receive notification within a few months that their information was accessed.”

“Safety should not come at the expense of civil liberties,” said Charles Samuelson, executive director of the American Civil Liberties Union of Minnesota.

The Public Safety Committee sent the bills to the House Civil Laws Committee. That body also recommended passage and moved the legislation on to the Judiciary, Finance and Policy Committee.

HF2553 and HF2288 would not only protect people in Minnesota from warrantless data gathering by state and local law enforcement, it will also end some practical effects of unconstitutional data gathering by the federal government.

NSA collects, stores, and analyzes data on countless millions of people without a warrant, and without even the mere suspicion of criminal activity. We know that the NSA tracks the physical location of people through their cellphones. In late 2013, the Washington Post reported that 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.

We know that, through fusion centers, state and local law enforcement act as information recipients from various federal departments under Information Sharing Environment (ISE). We also know that ISE partners include the Office of Director 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.

We also know that 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). We know that information is being used for criminal prosecutions. And, we know from a Reuters report 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. HF2553 and HF2288 will prevent state law enforcement from gathering cell phone location data and sharing it up the chain and it will make information vacuumed up by the feds and shared down the chain inadmissible in court, stopping a practical effect of NSA spying.

ACTION ITEMS

If you live in Minnesota, click HERE and call all House members.  Strongly, but respectfully urge every member to vote YES on HF2553 and HF2288.

If you live outside of Minnesota, click HERE to find out how to fight the NSA’s unconstitutional spying in your state.

TAKE ACTION

Take these steps today to help stop NSA spying in your state

1. Get the model 4th Amendment Protection Act for your state (pdf):
HERE

2. Contact your STATE representative/assemblyperson AND State Senator. Strongly, but respectfully, encourage them to introduce the act for your state. A phone call is much more powerful than an email. Or do both. Contact info HERE.

3. Join the coalition. Are you part of a grassroots group? Encourage your group's leadership to sign on in support of the coalition here: http://offnow.org/coalition

4. Get Flyers to help spread the word!
Here: http://offnow.org/product/flyers-4th-amendment-protection-act/

5 Responses to “Minnesota bills would ban cellphone tracking without a warrant”

  1. Thanks so much for your blog site. I contacted my state legislators yesterday regarding the electronic surveillance bill. Glad to say because of all your handwork, the bill was passed yesterday by the senate. Also, I have contacted all of them regarding the unlawful “Spying” Aircraft surveillance that also can monitor and track citizens comings and goings, computer’s functions and cell phones. We need to get busy on lobbying the legislators for a new a bill entitled Aircraft Stop”Spying” on me.

    • Great to hear about the progress, Liz, thank you for sharing! Can you let us know which state you’re in – and the bill # you’re referring to as passed the senate?

  2. Does this affect 911 call centers ability to trace a cell?

Trackbacks/Pingbacks

  1. Push back against police spying continues « Watchdog.org - March 25, 2014

    […] a coalition of organizations pushing back against the NSA at the state and local level, called the data sharing a “dagger into the heart of the Fourth […]

  2. Cartoon County MN- The lunacy of it all. » Blog Archive » Call your legislators and encourage them to pass HF 2553 and HF 2558. - March 25, 2014

    […] a coalition of organizations pushing back against the NSA at the state and local level, called the data sharing a “dagger into the heart of the Fourth […]

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