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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SJR 22                                                                                                         
01 Opposing the warrantless collection of telephone call data by the National Security Agency.                             
02                                           _______________                                                               
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                             
04      WHEREAS the Fourth Amendment to the Constitution of the United States provides                                   
05 "The right of the people to be secure in their persons, houses, papers, and effects, against                            
06 unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but                             
07 upon probable cause, supported by oath or affirmation, and particularly describing the place to                         
08 be searched, and the persons or things to be seized"; and                                                               
09      WHEREAS the Fifth Amendment to the Constitution of the United States provides                                    
10 "No person shall . . . be deprived of life, liberty, or property, without due process of law"; and                      
11      WHEREAS, on December 16, 2013, United States District Court Judge Richard Leon                                 
12 ruled that the National Security Agency's program, bulk collection, and querying of telephone                           
13 record metadata are likely unconstitutional; and                                                                        
14      WHEREAS the legislature objects to the dragnet approach to data collection allowed                               
15 by the Foreign Intelligence Surveillance Court, a court that operates in secret and, under sec.                         
16 of the USA PATRIOT Act, issues orders that perpetuate the warrantless collection of data                                
01 of nearly all Americans; and                                                                                            
02      WHEREAS the National Security Agency stores the date and time of calls, their                                    
03 duration, and the participating telephone numbers of the calls of nearly all Americans in a                             
04 centralized database, which allows National Security Agency analysts to access not only those                           
05 numbers, but the numbers with which the numbers have been in contact, and, in turn, the                                 
06 numbers in contact with those numbers; and                                                                              
07      WHEREAS the Privacy and Civil Liberties Oversight Board, in its January 2014                                     
08 report titled "Report on the Telephone Records Program Conducted under Section 215 of the                               
09 USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court,"                                  
10 questions the legal basis for the National Security Agency's mass telephone call data                                   
11 collection program; and                                                                                                 
12      WHEREAS, when telephone call data of Americans is collected by the National                                      
13 Security Agency, that data is not related to specific investigations of the Federal Bureau of                           
14 Investigation; and                                                                                                      
15      WHEREAS orders issued by the Foreign Intelligence Surveillance Court at the                                      
16 request of the federal government require telephone companies to provide new calling records                            
17 on a daily basis, a mandate not grounded in statute; and                                                                
18      WHEREAS sec. 215 of the USA PATRIOT Act is designed to enable the Federal                                        
19 Bureau of Investigation to obtain records in the course of investigations, but the National                             
20 Security Agency's mass collection of the records is not consistent with that design; and                                
21      WHEREAS the Electronic Communications Privacy Act of 1986 prohibits telephone                                    
22 companies from sharing consumer data with the government except in special circumstances,                               
23 and the Privacy and Civil Liberties Oversight Board concluded that the National Security                                
24 Agency's telephone call data collection program may violate the Act; and                                                
25      WHEREAS the Privacy and Civil Liberties Oversight Board found that the National                                  
26 Security Agency's telephone call data collection program has not prevented, discovered, or                              
27 identified terrorist attacks, plots, or suspects that threatened the security of the United States;                     
28 and                                                                                                                     
29      WHEREAS the widespread collection of telephone call data of Americans reveals                                    
30 highly sensitive personal information; and                                                                              
31      WHEREAS the legislature resolutely opposes the continuation of the National                                      
01 Security Agency's warrantless data collection program; and                                                              
02      WHEREAS the legislature views the National Security Agency's storage in a central                                
03 database of the telephone call metadata of all Americans as an unconstitutional practice that                           
04 should be immediately suspended; and                                                                                    
05      WHEREAS the history of government coercion, persecution, and abuse of personal                                   
06 information and human life in the twentieth century prompts the legislature to seek to protect                          
07 the liberty of future generations from an oppressive and tyrannical federal government; and                             
08      WHEREAS the fundamental rights of Americans to speak freely and associate with                                   
09 others are threatened and are likely being diminished by the National Security Agency's mass                            
10 collection of telephone call data; and                                                                                  
11      WHEREAS the National Security Agency's mass collection of telephone call data                                    
12 may intimidate or chill the freedom of expression of individuals and groups that disagree with                          
13 certain government policies or result in extreme scrutiny of those persons simply for opposing                          
14 those policies; and                                                                                                     
15      WHEREAS the Foreign Intelligence Surveillance Court has deviated from its purpose                                
16 to authorize warrants for electronic surveillance relating only to a specific person, a specific                        
17 place, or a specific communications account or device; and                                                              
18      WHEREAS the Foreign Intelligence Surveillance Court operates in a secretive                                      
19 manner that prevents the court from hearing public input regarding government requests to                               
20 conduct surveillance;                                                                                                   
21      BE IT RESOLVED that the Alaska State Legislature urges the federal government to                                 
22 end the mass telephone call data collection program conducted under sec. 215 of the USA                                 
23 PATRIOT Act, because of its lack of a statutory foundation and because it raises serious                                
24 constitutional concerns under the Fourth and Fifth Amendments to the Constitution of the                                
25 United States; and be it                                                                                                
26      FURTHER RESOLVED that the Alaska State Legislature urges the federal                                             
27 government to eliminate all stored metadata upon ending the mass telephone call data                                    
28 collection program; and be it                                                                                           
29      FURTHER RESOLVED that the Alaska State Legislature urges the United States                                       
30 Congress to authorize the creation of a panel of private sector lawyers to serve as advocates                           
31 for the public before the Foreign Intelligence Surveillance Court to increase public knowledge                          
01 and oversight; and be it                                                                                                
02      FURTHER RESOLVED that the Alaska State Legislature urges judges of the                                           
03 Foreign Intelligence Surveillance Court to write opinions in a manner that allows the                                   
04 government to declassify and release the opinions to the public; and be it                                              
05      FURTHER RESOLVED that the Alaska State Legislature urges the Foreign                                             
06 Intelligence Surveillance Court to work to declassify past opinions and release those opinions                          
07 to the public; and be it                                                                                                
08      FURTHER RESOLVED that the Alaska State Legislature requests the United States                                    
09 Attorney General and members of the intelligence and judiciary committees of the United                                 
10 States Congress to inform the Alaska State Legislature of the federal government's activities                           
11 under the Foreign Intelligence Surveillance Act and provide the Alaska State Legislature with                           
12 copies of reports submitted under the Foreign Intelligence Surveillance Act; and be it                                  
13      FURTHER RESOLVED that the Alaska State Legislature urges the Governor to                                         
14 prohibit the use of state personnel and resources to assist the National Security Agency in its                         
15 collection of mass data on Alaskans without a specific search warrant; and be it                                        
16      FURTHER RESOLVED that the Alaska State Legislature considers the National                                        
17 Security Agency's unilateral collection of the telephone call data of all Americans a violation                         
18 of statute, an unconstitutional program, and a troubling overreach by the federal government;                           
19 the Alaska State Legislature has sworn to uphold both the Constitution of the United States                             
20 and the Constitution of the State of Alaska and will not assist the federal government by                               
21 facilitating programs that are tyrannical in nature, that subject Americans to unreasonable and                         
22 unwarranted searches, and that violate the fundamental principle of liberty; let this resolution                        
23 serve as a notice to this Administration and all future Administrations that Alaskans reject                            
24 surrendering their liberty in the name of an unconstitutional program.                                                  
25      COPIES of this resolution shall be sent to the Honorable Barack Obama, President of                              
26 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and                          
27 President of the U.S. Senate; the Honorable John Boehner, Speaker of the U.S. House of                                  
28 Representatives; the Honorable Harry Reid, Majority Leader of the U.S. Senate; the                                      
29 Honorable Patrick J. Leahy, President pro tempore of the U.S. Senate; the Honorable Dianne                              
30 Feinstein, Chair, U.S. Senate Select Committee on Intelligence; the Honorable Saxby                                     
31 Chambliss, Vice Chair, U.S. Senate Select Committee on Intelligence; the Honorable Mike                                 
01 Rogers, Chair, U.S. House of Representatives Permanent Select Committee on Intelligence;                                
02 the Honorable C. A. Dutch Ruppersburger, Ranking Member, U.S. House of Representatives                                  
03 Permanent Select Committee on Intelligence; the Honorable Jeh Johnson, United States                                    
04 Secretary of Homeland Security; the Honorable Sean Parnell, Governor of Alaska; General                                 
05 Keith B. Alexander, United States Army, Director, National Security Agency; Richard H.                                  
06 Ledgett, Jr., Deputy Director, National Security Agency; James B. Comey, Director, Federal                              
07 Bureau of Investigation; and the Honorable Lisa Murkowski and the Honorable Mark Begich,                                
08 U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska                                  
09 delegation in Congress.                                                                                                 
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