Passed in Missouri and to the Voters: Bill to Protect Electronic Communications and Data

Monday, May 19, 2014

Passed in Missouri and to the Voters: Bill to Protect Electronic Communications and Data

A parody of the National Security Administration's logo, created by EFF designer Hugh D'Andrade to help publicize EFF's case against NSA illegal spying, 1st Unitarian v. NSA: https://www.eff.org/node/75009

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Tenth Amendment Center

JEFFERSON CITY, Mo., May 16, 2014 – Legislation to protect electronic communications and data was given final approval by the Missouri State Senate today. Because it is a proposal for a state constitutional amendment, it will now bypass the Governor’s desk, instead going directly to the People on the ballot this November.

When proponents of mass, warrantless surveillance are backed into a corner on the basis that such activities violate the 4th Amendment’s warrant requirements, they often make the claim that electronic data is outside the scope of the amendment because it doesn’t qualify as “persons, houses, papers, or effects.”

Instead of worrying about a long legal debate with opponents who likely hold a political agenda, the Missouri legislature took a different path. They passed legislation to expressly give “electronic data and communications” the same state constitutional protections as “persons, homes, papers and effects.”

Introduced by Sen. Rob Schaaf, Senate Joint Resolution 27 (SJR27) was passed by the full House today. It previously passed the Senate by a vote of 31-1.

The text of SJR27 is short and concise, replacing the “privacy rights” section in the state constitution with the following language adding electronic communications to the objects protected from search or seizure without a warrant.

“That the people shall be secure in their persons, papers, homes [and], effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched, or the person or thing to be seized, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation.”

The effect of this resolution would be significant. The addition of electronic communications to the list of privacy items would make emails, phone records, Internet records and other electronic information gathered without a warrant inadmissible in state court. That would include data gathered illegally by overzealous state and local law enforcement as well as the federal government.