Legislature(2015 - 2016)BELTZ 105 (TSBldg)


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Moved CSHB 70(RES) Out of Committee
          SB 13-WARRANTLESS SEARCH OF ELECTRONIC DATA                                                                       
3:38:06 PM                                                                                                                    
CHAIR BISHOP announced the consideration of SB 13.                                                                              
3:38:19 PM                                                                                                                    
SENATOR  BILL  WIELECHOWSKI,  Alaska State  Legislature,  Juneau,                                                               
Alaska,  sponsor of  SB 13,  said  in recent  years Alaskans  and                                                               
Americans   have  become   very  concerned   about  the   federal                                                               
government spying  on American citizens. He  explained that there                                                               
have  been   reports  of  the  National   Security  Agency  (NSA)                                                               
collecting mass amounts of data,  e-mails, and phone records with                                                               
literally trillions  of conversations and e-mails  have collected                                                               
in recent  years. He asserted  that SB 13  is an attempt  to push                                                               
back by prohibiting state or  local governments from assisting an                                                               
agency with  federal data and  surveillance collection.  He noted                                                               
that the term "agency"  is a term of art adopted  to refer to the                                                               
NSA. He said there are about  17 other states that are looking at                                                               
similar legislation.                                                                                                            
3:40:07 PM                                                                                                                    
SENATOR WIELECHOWSKI  noted that a committee  substitute (CS) has                                                               
been proposed that mostly defines what a "federal agency" is.                                                                   
CHAIR BISHOP asked that the committee adopt the CS.                                                                             
SENATOR STEDMAN  asked to make  a motion to  adopt the CS  for SB
13, [29-LS0006\W], as the working document.                                                                                     
SENATOR BISHOP objected for discussion purposes.                                                                                
3:41:22 PM                                                                                                                    
SARAH   EVANS,   Staff,   Senator  Wielechowski,   Alaska   State                                                               
Legislature,  Juneau,  Alaska, explained  that  the  CS has  very                                                               
small  changes that  help define  and narrow  the definition  for                                                               
"federal  agency." Federal  agency  is defined  as "federal  data                                                               
collection  or  surveillance  agency."  She  explained  that  new                                                               
paragraphs were  added to  Section 4  to address  the definitions                                                               
for   "electronic  data"   and  "federal   data  collection   and                                                               
surveillance agency."                                                                                                           
MS. EVANS addressed the sectional analysis on SB 13 as follows:                                                                 
     In   2013,  Alaska   Governor   Shawn  Parnell   signed                                                                    
     legislation  into   law  prohibiting  the   state  from                                                                    
     assisting the federal government  in the enforcement of                                                                    
     law that violates  the right to keep and  bear arms. SB
     13  amends the  2013 law  to include  a prohibition  of                                                                    
     state  assistance   to  federal  data   collection  and                                                                    
     surveillance agencies.                                                                                                     
     Section  1 provides  that the  state or  municipalities                                                                    
     may   not  adopt   an  inordinance   inconsistent  with                                                                    
     provisions of section 2 of the bill.                                                                                       
     Section 2  prohibits a  municipality or  an agent  of a                                                                    
     municipality  from  cooperating  with  a  federal  data                                                                    
     collection  and   surveillance  agency   in  collecting                                                                    
     electronic   data   without   a  search   warrant,   or                                                                    
     collecting telephone  records without a  warrant unless                                                                    
     the collection  is consistent with  state law  and from                                                                    
     using  such  records  in a  criminal  investigation  or                                                                    
     Section  3 prohibits  a state  municipality agent  from                                                                    
     using state or  municipal assets to aid  a federal data                                                                    
     collection or surveillance agency  in the collection of                                                                    
     electronic  data  without  a   search  warrant  or  the                                                                    
     collection  of  telephone  records  without  a  warrant                                                                    
     unless the collection is consistent with state law.                                                                        
3:43:58 PM                                                                                                                    
     Section 4  defines "electronic data" and  "federal data                                                                    
     collection and surveillance agency."                                                                                       
     Section 5 prohibits the state  or an agent of the state                                                                    
     from cooperating  with the federal data  collection and                                                                    
     surveillance  agency  in   collecting  data  without  a                                                                    
     search warrant or  collecting telephone records without                                                                    
     a  warrant, unless  the collection  is consistent  with                                                                    
     state law  and from  using such  records in  a criminal                                                                    
     investigation or prosecution.                                                                                              
     Section  6  provides that  the  bill  has an  immediate                                                                    
     effective date.                                                                                                            
MS. EVANS provided background on the NSA as follows:                                                                            
     NSA is  a U.S. intelligence agency  responsible for the                                                                    
     global  monitoring,  collecting, decoding,  translation                                                                    
     and  analysis  of  information  and  data  for  foreign                                                                    
     intelligence and counterintelligence purposes.                                                                             
     In  1952, President  Harry Truman  started  the NSA  to                                                                    
     continue U.S.  efforts that had led  to breaking German                                                                    
     and Japanese codes in World War II.                                                                                        
3:45:16 PM                                                                                                                    
MS. EVANS addressed why Alaskans should be concerned about the                                                                  
NSA as follows:                                                                                                                 
     The NSA  collects every  American's phone  records. The                                                                    
     PRISM Program allows  for the NSA to  tap directly into                                                                    
     the  central  servers   of  Microsoft,  Yahoo,  Google,                                                                    
     Facebook, Skype, You Tube  and others; extracting audio                                                                    
     and video  chats, photographs, e-mails,  documents, and                                                                    
     connection logs  that enable analysis to  track foreign                                                                    
     targets.  The NSA  tracks  phone  locations around  the                                                                    
     world, this  includes millions of Americans;  they were                                                                    
     able to do this through  four major ways. First, when a                                                                    
     cell phone is connected to  a cellular network, the NSA                                                                    
     can sweep the  network and find a  location. Also, when                                                                    
     a mobile  device connects  to a  Wi-Fi signal,  you can                                                                    
     locate a  device down to  the city block.  Thirdly, GPS                                                                    
     receivers  are built  into mini-cellular  and satellite                                                                    
     telephones  which  can locate  a  device  within a  100                                                                    
     meter radius  or less.  Finally, most  mobile operators                                                                    
     can  track phones  through  triangulation off  multiple                                                                    
     towers;   for  example,   to  provide   location  based                                                                    
     emergency services.                                                                                                        
MS. EVANS reviewed the NSA timeline as follows:                                                                                 
     In  October  of  2001,  President  Bush  signed  orders                                                                    
     beginning  the   NSA's  domestic  spy   program,  which                                                                    
     allowed  the NSA  to conduct  a  range of  surveillance                                                                    
     activities inside  the U.S.,  which had been  barred by                                                                    
     law and agency policy  for decades. President Bush said                                                                    
     the  program  was  aimed   at  people  with  suspicious                                                                    
     connections  to  Al-Qaeda  and  other  aspects  of  the                                                                    
     program were  aimed not  just at  targeted individuals,                                                                    
     but  perhaps  millions   of  innocent  Americans  never                                                                    
     suspected of  a crime. In  2006, the NSA  maxed-out the                                                                    
     Baltimore area  power-grid, creating the  potential for                                                                    
     a virtual shutdown; since  then, under President Obama,                                                                    
     the  NSA aggressively  expanded  in  states like  Utah,                                                                    
     Texas,  Colorado and  elsewhere, generally  focusing on                                                                    
     locations   that  can   provide  cheap   and  plentiful                                                                    
     resources   like   water   and   power.   The   Foreign                                                                    
     Intelligence Surveillance Act, also  known as FISA, was                                                                    
     amended and signed into law  by President Bush in 2008,                                                                    
     the  amendment expanded  the government's  authority to                                                                    
     monitor American's electronic communications.                                                                              
3:47:39 PM                                                                                                                    
MS. EVANS reviewed NSA's phone spying tactics as follows:                                                                       
     In 2003,  an AT&T  technician, Mark Klein,  found fiber                                                                    
     optic  splitters  inside  a San  Francisco  based  AT&T                                                                    
     facility  behind a  locked door  that  required both  a                                                                    
     physical key and  a combination code to  gain access to                                                                    
     the room. In the room,  AT&T allowed the NSA to install                                                                    
     sophisticated  communications  surveillance  equipment.                                                                    
     Basically,  the   communication  equipment   that  they                                                                    
     installed allowed for the government  to have their own                                                                    
     splitter off of the  information that was going through                                                                    
     the AT&T  center; these splitters made  exact copies of                                                                    
     the  data  passing  through them,  so  one  stream  was                                                                    
     directed  right  to  the  government  while  the  other                                                                    
     stream was directed to the intended recipient.                                                                             
     William Binney,  a 30-year  NSA veteran,  estimated the                                                                    
     NSA  installed  between  10  and  20  intercept-centers                                                                    
     within the  United States, he  also estimates  that the                                                                    
     NSA collected  between 15 and 20  trillion transactions                                                                    
     from the  general public over  the past 11  years; this                                                                    
     includes e-mails, phone calls, and texts.                                                                                  
MS.  EVANS  explained  how  NSA's spying  tactics  are  known  as                                                               
     In  June  of 2013,  the  Guardian  published its  first                                                                    
     exclusive based on the leaks  they received from an NSA                                                                    
     employee, revealing  a secret  court order  showing the                                                                    
     U.S.  government had  forced the  telecom-giant Verizon                                                                    
     to hand  over phone  records of millions  of Americans.                                                                    
     Next  the  Guardian  reveals  a  second  story  to  the                                                                    
     previously  undisclosed program,  PRISM, which  entails                                                                    
     NSA  document  claims  that  gives  the  agency  direct                                                                    
     access  to data  held  by Google,  Facebook, Apple  and                                                                    
     other U.S. giants.                                                                                                         
3:49:39 PM                                                                                                                    
MS. EVANS reviewed what other states  are doing to take action as                                                               
     While  the NSA  sometimes relies  on material  support,                                                                    
     cooperation,  and   resources  from  state   and  local                                                                    
     governments  to   carry  out   their  mass-surveillance                                                                    
     programs, SB  13 is modeled after  the Fourth Amendment                                                                    
     Protection Act,  the act rests  on a widely  used legal                                                                    
     practice  known  as  the  anti-commandeering  doctrine,                                                                    
     which means the federal  government cannot force states                                                                    
     to  carry out  their  acts or  regulatory programs;  in                                                                    
     other words, if states  don't want to participate, they                                                                    
     don't have  to. 17  states have  introduced legislation                                                                    
     to protect  the U.S.  citizen from the  NSA warrantless                                                                    
     data collection.                                                                                                           
SENATOR  STEDMAN  noted  that  one of  the  things  happening  in                                                               
Southeast  Alaska have  been drug  busts and  dealing with  child                                                               
pornography. He  asked if the bill  would have any impact  on the                                                               
ability  of  state law  enforcement  to  monitor drug  and  child                                                               
pornography traffic.                                                                                                            
MS. EVANS answered that Senator  Wielechowski's office has worked                                                               
with the  Department of Law to  fix language in the  bill so that                                                               
the bill does  not prohibit police departments  or state troopers                                                               
from working  with the FBI or  other federal agencies as  long as                                                               
they  are  not  involved  in surveillance  and  involuntary  bulk                                                               
collection  of   telephone  records   or  electronic   data.  She                                                               
summarized  that  the  bill  is  intended  to  protect  Alaskans'                                                               
telephone records and electronic data from the NSA.                                                                             
3:51:40 PM                                                                                                                    
SENATOR  STEDMAN asked  to verify  that the  answer is  it "won't                                                               
SENATOR  WIELECHOWSKI answered  that that  is absolutely  not our                                                               
intent.  He stated  that he  is aware  of the  concern and  he is                                                               
trying to craft language as tightly  as possible so that the bill                                                               
specifically limits the  NSA. He asserted that  he shares Senator                                                               
Stedman's  concerns about  child pornography.  He noted  that law                                                               
enforcement has  expressed some  concerns and  added that  he has                                                               
been working with the Department of  Law to address some of their                                                               
concerns.  He   remarked  that  his  office   has  addressed  law                                                               
enforcement's  concerns  and  he  is   open  to  engage  them  in                                                               
addressing further  changes if  needed. He  pointed out  that the                                                               
bill's language  was based  on similar laws  which are  moving in                                                               
Utah and  Texas and that is  why the definition of  what agencies                                                               
the  bill  applies  to.  He  asserted  that  ambiguity  has  been                                                               
addressed and the bill does not affect the FBI.                                                                                 
SENATOR MACKINNON  asked if  there has been  a change  of opinion                                                               
from  the  Alaska  Association  of  Chiefs  of  Police  that  are                                                               
expressing their  opposition to  the bill as  well as  the Alaska                                                               
Peace Officers  Association who unanimously oppose  the bill. She                                                               
noted that  a senator  had stated  that law  enforcement officers                                                               
want to  "have each  other's back"  and be  able to  support each                                                               
other as they try to keep  people safe. She revealed that she has                                                               
met with  multiple carriers and  found out that unlike  the Lower                                                               
48  where carriers  have centralized  hubs,  Alaska has  multiple                                                               
hubs without  interconnection. She pointed out  that carriers had                                                               
mentioned that they could not  stop a federal warrant from coming                                                               
in and forcing them to provide information.                                                                                     
3:54:38 PM                                                                                                                    
SENATOR  WIELECHOWSKI specified  that the  bill does  not address                                                               
private companies, but  does address the behavior  and actions of                                                               
state and  local communities and governments.  He summarized that                                                               
state, local,  or rural  communities cannot  actively participate                                                               
unless the federal  government gets a warrant. He  noted that law                                                               
enforcements'  letters  of  opposition were  written  before  the                                                               
changes were  made to  the bill. He  opined that  law enforcement                                                               
continues  to oppose  the bill  because they  like free-reign  to                                                               
communicate as  widely and broadly  as possible. He said  at some                                                               
point a  policy call must  be made to protect  Alaskans' personal                                                               
and private information.                                                                                                        
SENATOR    MACKINNON   stated    that   she    applauds   Senator                                                               
Wielechowski's effort and  supports what has been  said. She said                                                               
she looks  forward to hearing  from the Alaska Department  of Law                                                               
in understanding  because the  first thing that  came to  mind as                                                               
Senator Wielechowski  expressed is  pornography and  children who                                                               
are being  lured by  online solicitations  and whether  that will                                                               
somehow put those kids in harm's way.                                                                                           
CHAIR BISHOP  asked for  an explanation of  the process  by which                                                               
the federal  agency would obtain  a search warrant that  would be                                                               
valid under the bill's provisions.                                                                                              
3:56:31 PM                                                                                                                    
MS. EVANS explained  that the bill does not change  how a federal                                                               
agency would obtain a warrant.  She specified that before a state                                                               
or  municipal  agent can  assist  in  obtaining information,  the                                                               
federal agency would have to go  through the same protocol to get                                                               
a warrant.                                                                                                                      
CHAIR BISHOP asked to verify that nothing changes.                                                                              
MS. EVANS answered correct.                                                                                                     
CHAIR BISHOP announced that he  removed his objection and version                                                               
W was before the committee. He opened public comment.                                                                           
3:58:07 PM                                                                                                                    
STUART  THOMPSON, representing  himself, Wasilla,  Alaska, stated                                                               
that  he supports  SB 13.  He summarized  that SB  13 provides  a                                                               
check on the  federal government's use of power  and enforces the                                                               
privacy provision of the Alaska Constitution.                                                                                   
4:02:21 PM                                                                                                                    
MICHAEL   MAHARREY,   National  Communications   Director,   10th                                                               
Amendment Center,  Lexington, Kentucky,  said he supports  SB 13.                                                               
He  pointed out  that the  Alaska Senate  passed a  resolution in                                                               
2014 that  condemned NSA  spying and  proclaimed that  the Alaska                                                               
Legislature   will  not   assist   the   federal  government   by                                                               
facilitating  programs   that  are  tyrannical  in   nature.  The                                                               
resolution  also called  on the  federal government  to end  mass                                                               
warrantless  collection   of  electronic  data.  He   noted  that                                                               
Governor Parnell signed  a bill in 2013 that  prohibits the state                                                               
from cooperating  with federal  implementation or  enforcement of                                                               
certain programs  that infringe on  a person's right to  keep and                                                               
bear   arms,  the   right  to   due  process,   or  aid   in  the                                                               
implementation of the federal Real ID  Act. He said SB 13 expands                                                               
on  the unchallenged  state law  to  cover the  natural right  to                                                               
privacy.  He  noted that  Alaska  law  enforcement has  expressed                                                               
opposition  to SB  13  saying it  could  reduce cooperation  with                                                               
federal law  enforcement agencies.  He explained that  the bill's                                                               
amended  language should  eliminate  any concerns  voiced by  law                                                               
enforcement.  He emphasized  that the  refusal to  cooperate only                                                               
applies to  bulk warrantless surveillance. He  summarized that SB
13  will protect  the privacy  of Alaskans,  preserve the  Fourth                                                               
Amendment, and help reign in  an unaccountable and out of control                                                               
federal spy agency.                                                                                                             
4:06:29 PM                                                                                                                    
SHAHIB  BUTTAR,  Executive  Director,   Bill  of  Rights  Defense                                                               
Committee,  Washington,   D.C.,  said  he  supports   SB  13.  He                                                               
explained  that   mass  surveillance  that  is   untethered  from                                                               
individual suspicion  prevents the  opportunity for the  state to                                                               
arbitrarily target  people based  on a retrospective  record that                                                               
they need not go out and collect.                                                                                               
CHAIR BISHOP announced that public comment was closed.                                                                          
4:09:55 PM                                                                                                                    
CHAIR BISHOP announced  that SB 13 will be held  in committee for                                                               
further consideration.                                                                                                          

Document Name Date/Time Subjects
SB 13 Sponsor Statement.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Hearing Request.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article What is the NSA Domestic Spying Program.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article Watchdog Report Says NSA Program is Illegal and Should End.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article Republican National Committee Resolution on NSA Surveillance.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article NSA Spying on Americans.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article Judge Questions Legality of NSA Phone Records.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article How the NSA's Surveillance Procedures Threaten Americans' Privacy.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Article Ban Material Support or Resources to NSA.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Bill Text.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Fiscal Note.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Letter of Opposition AACP.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Letter of Opposition APOA.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Letter of Support Tenth Amendment Center.pdf SCRA 3/19/2015 3:30:00 PM
SB 13
SB 13 Presentation.pdf SCRA 3/19/2015 3:30:00 PM
SB 13