BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 828|
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UNFINISHED BUSINESS
Bill No: SB 828
Author: Lieu (D) and Anderson (R), et al.
Amended: 8/19/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 29-1, 5/19/14
AYES: Anderson, Beall, Block, Corbett, Correa, De Le�n, Evans,
Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Jackson,
Knight, Lara, Leno, Lieu, Liu, Mitchell, Monning, Morrell,
Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Wolk
NOES: Wyland
NO VOTE RECORDED: Berryhill, Calderon, Cannella, DeSaulnier,
Hueso, Huff, Nielsen, Walters, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/21/14 - See last page for votes
SUBJECT : Assistance to federal agencies
SOURCE : Author
DIGEST : This bill prohibits the State of California from
helping a federal agency to collect the electronically stored
information or metadata of any person if the state has actual
knowledge that the request constitutes an illegal or
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unconstitutional collection of that information.
Assembly Amendments define "electronically stored information"
and "metadata" and make clarifying and technical changes.
ANALYSIS : The United States Constitution 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."
The California Constitution 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."
Existing law 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/her to search for a person(s), 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.
This bill:
1. Prohibits the state from providing material support,
participation, or assistance in response to a request from a
federal agency or an employee of a federal agency to collect
electronically stored information or metadata of any person
if the state has actual knowledge that the request
constitutes an illegal or unconstitutional collection of
electronically stored information or metadata.
2. Defines "electronically stored information" to mean data
that is created, altered, communicated, and stored in digital
form.
3. Defines "metadata" to mean data bearing the record of and
not the content of communication, including, but not limited
to, the time, date, location, duration, origin, or subject of
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the communication, and the identity of the person, persons,
group, or entity sending or receiving the message.
Comments
According to the author's office, over the last seven years, the
National Security Agency (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 and/or
private entities that provide services on behalf of the state.
In order to prevent taxpayers' money from going towards
violating their own rights, this bill would ban state agencies
from giving any 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/21/14)
ACLU of California
Bill of Rights Defense Committee
California Attorneys for Criminal Justice
Media Alliance
Neighborhood Unitarian Universalist Church, Pasadena, CA
Pacifica Peace People
Restore the Fourth
Restore the Fourth SF
San Francisco 99% Coalition
Tenth Amendment Center
The Consumer Federation of California
ASSEMBLY FLOOR : 78-0, 8/21/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
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Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson,
Perea, John A. P�rez, V. Manuel P�rez, Quirk, Quirk-Silva,
Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
Atkins
NO VOTE RECORDED: Beth Gaines
JG:d 8/21/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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