BILL ANALYSIS Ó
SB 828
Page 1
SENATE THIRD READING
SB 828 (Lieu and Anderson)
As Amended August 4, 2014
Majority vote
SENATE VOTE :29-1
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bocanegra, |
| |Jones-Sawyer, Quirk, | |Bradford, |
| |Skinner, Stone, Waldron | |Ian Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
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SUMMARY : Prohibits the state from providing material support,
participation, or assistance in response to a request from a
federal agency or employee to collect a person's illegal and
electronically stored data or metadata if the state has actual
knowledge that the request constitutes an illegal or
unconstitutional collection of the information.
EXISTING LAW :
1)Provides that 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.
2)States that the powers not delegated to the United States
(U.S.) by the U.S. Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the
people.
3)Prohibits a state from making or enforcing any law that
abridges the privileges or immunities of U.S. citizens, and
prohibits any state from depriving any person of life,
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liberty, or property, without due process of law, or deny to
any person within its jurisdiction the equal protection of the
laws.
4)Provides that "the right of the people to be secure in their
persons, houses, papers and effects against unreasonable
seizures and searches may not be violated; and a warrant may
not issue except on probable cause, supported by oath or
affirmation, particularly describing the place to be searched
and the persons and things to be seized."
5)Defines a "search warrant" as an order in writing in the name
of the People, signed by a magistrate, directed to a peace
officer, commanding him or her to search for a person or
persons, a thing or things, or personal property, and in the
case of a thing or things or personal property, bring the same
before the magistrate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs are negligible.
COMMENTS : According to the author, "The Fourth Amendment to the
United States Constitution states: 'The right of the people to
be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated.' All
Americans, including over 38 million Californians, cannot
reasonably be considered suspicious simply for making or
receiving telephone calls. The NSA's [National Security Agency]
sweeping seizure of Californians' data is an 'unreasonable
seizure' by any definition of the term. Recently, a federal
judge declared the NSA's blanket phone surveillance program
unconstitutional, calling the program 'near Orwellian.'
"Over the last seven years, the NSA has collected phone record
data on every telephone call made or received by every American.
Media articles also state the NSA's surveillance program on
Americans extends to not just phone records, but also all types
of electronic data, including emails, text messages, and
information stored on Americans' smart phones.
"To collect electronic and metadata information, the NSA
sometimes relies upon services provided by the state. In order
to prevent taxpayers' money from going towards violating their
own rights, this bill would ban state agencies from giving any
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material support, participation or assistance to any federal
agency to collect electronic or metadata of any person, unless
there has been a warrant issued that specifically describes the
person, place and thing to be searched or seized.
"This bill would make it the clear policy of the state to refuse
material support, participation, or assistance to any federal
agency attempting the illegal and unconstitutional collection of
electronic data or metadata, without consent, of any person not
based on a warrant that particularly describes the person,
place, and thing to be searched or seized, or in accordance with
judicially recognized exceptions to warrant requirements."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0004469