Arizona lawmaker's bill would target NSA

2013-12-11T00:00:00Z Arizona lawmaker's bill would target NSABy Howard Fischer Capitol Media Services Arizona Daily Star
December 11, 2013 12:00 am  • 

PHOENIX — Unwilling to wait for congressional action, a first-term state legislator is attempting to clip the wings of the National Security Agency, at least in Arizona.

The proposal by Sen. Kelli Ward, R-Lake Havasu City, would require state and local government to refuse to help the spy agency unless it first produced a search warrant signed by a judge. The measure would prevent Arizona police agencies and courts from using any information gathered by the NSA without a warrant.

Ward said Tuesday she also wants to bar the use of any state resources or personnel to help the agency unless it is pursuant to a court order. And that, said Ward, could even include denying utility services.

The measure, if approved, would make Arizona the first state in the nation to impose such restrictions. But it might not be the last: The same plan is also being marketed to legislators nationwide by the OffNow Coalition, a group of organizations specifically formed to battle NSA spying.

Ward said she wants to do what she can to prevent spying by the federal government on its own citizens, at least not without a court-issued warrant “that particularly describes the persons, places and things to be searched or seized.”

What Ward said she is particularly trying to attack is what she calls the indiscriminate scooping up of data.

The agency has come under particular scrutiny after the leaks by former NSA analyst Edward Snowden for keeping track of phone calls — at least the numbers called, if not the actual content — as well as information from emails and even social media sites. But that, she said, is just part of the problem.

“I heard that the federal government is able to possibly turn on your camera on your phone or turn on the camera on your computer without your knowing it,” Ward said. The advice given, she said, included turning off the Internet on devices when they’re not being used and not to have your phone or computer in a private area.

“I think my whole entire house is private,” she said.

Ward said the last piece of advice was put to a piece of tape over the camera lens and microphone of your cellphone and computer to block images and muffle sound.

An NSA spokesman declined to comment on the legislation or the reports about its activities that have led to it.

Ward acknowledged that, while she believes the NSA’s actions violate Fourth Amendment rights against unreasonable search and seizure, they may, in fact, be authorized by Congress.

“I hope that our federal delegation will work on that,” she said. But Ward said that does not preclude the state from throwing up whatever legal roadblocks it can.

Michael Maharrey, spokesman for the Tenth Amendment Center, a member of the OffNow Coalition, said nothing in the legislation is improper.

“We think that the states should act on behalf of their people and refuse to cooperate with the NSA,” he said. “The state is perfectly within its legal rights to refuse to cooperate with the federal government on anything.”

Ward said the refusal to cooperate could range from a police agency ignoring a request by the NSA for help to shutting off the water.

That latter action may have little effect in Arizona, where there is no obvious NSA office, but Maharrey said it could cripple the agency’s massive data storage center in Utah if similar legislation passes there.

Copyright 2014 Arizona Daily Star. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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