Signed into Law: Two California Bills to Protect Privacy Against Warrantless Surveillance

SACRAMENTO, Calif. (Oct. 8, 2015) – Today, California Gov. Jerry Brown signed into law not just one, but two bills putting into place privacy protections among the strongest in the country. The new laws work together to protect privacy from some of the worst spying programs on the state level, and also take on a part of the federal surveillance state.

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Signed by the Governor: Oregon Law Takes on Warrantless Collection of Cellphone Data

SALEM, Ore. (July 2, 2015) On Tuesday, Oregon Governor Kate Brown signed a bill into law that prohibits law enforcement from obtaining information from electronic devices without a warrant in most cases. The new law will not only protect privacy in Oregon, but will also address a practical effect of federal spying.

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Local Law Enforcement Should Stop Cooperating With Unconstitutional Federal Actions

There should be no local police, no county sheriff’s deputies and no state law enforcement officers involved. If states would simply quit cooperating, many of these constitutional violations would not happen. The feds don’t have the resources. They depend on state and local help.

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Texas Senate Passes Bill to Nullify Warrantless Drone Spying, 29-1

A bill has passed through the Texas State Senate that aims to protect the privacy of their residents from the police state by instituting strict limitations on the use of unmanned drones in surveillance by law enforcement.

Dubbed the ‘Texas Privacy Act’, H.B. 912 is an attempt to rein in potential abuses related to the rapidly-developing drone technology that has made its hands into the hands of government at the state and federal levels. The bill was originally authored by Rep. Gooden (R-District 4) and has amassed over 100 co-sponsors since it was introduced Feb. 1, showing vast and bipartisan support for stopping the government’s Orwellian takeover of our skies.

The House passed the bill by a vote of 128-11 on May 10th. (roll call here)  And last Friday the Senate passed a slightly amended version of the bill by a vote of 29-1. (roll call here).  HB912 will now go back to the State House to either concur on the amendments or form a conference committee to approve a final version acceptable to both the House and Senate.  Then it’s off to Governor Perry’s desk for a signature.

BILL INFORMATION

The bill states that “a person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.” The offender would be charged with a Class C misdemeanor if they were caught violating this part of the law.

Data gathered by law enforcement illegally ‘may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding’ according to the bill and ‘is not subject to discovery, subpoena, or other means of legal compulsion for its release.’ This incentivizes police to not misuse the drone technology unless they wish to risk jeopardizing their entire investigation.

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