Anti-Spying bill signed into law in New Hampshire - thank a free stater

[Keith and stuff]

Great news! Thank you Free State Project early mover for co-sponsoring this bill!

Anti-Spying bill signed into law in New Hampshire
http://offnow.org/2014/07/24/anti-sp...new-hampshire/

Part of the article.

CONCORD, N.H., July 24, 2014 – ...signed into law a bill that not only bans state and local law enforcement from searching an electronic device without a warrant, but also prohibits a small but important category of what the NSA has been doing with the warrantless data it collects.

House Bill 1533 (HB1533) was passed unanimously by both legislative houses and was ultimately sent to Gov. Hassan’s desk last month. It bans government entities from searching “information contained in a portable electronic device” without a warrant “signed by a judge and based on probable cause.”

Any information “obtained in violation” of the new law is banned from use in any “criminal, civil, administrative, or other proceeding” in the state of New Hampshire.

Introduced by Rep. Neal Kurk, HB1533 also sets up a direct legal conflict with federal surveillance programs. It reads, in part:

“Government entity” means a federal, state, county, or local government agency, including but not limited to a law enforcement agency or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for, or on behalf of, a federal, state, county, or local government agency. “Government entity” shall not apply to a federal government agency to the extent that federal statute preempts state statute.

OffNow executive director Mike Maharrey sees the inclusion of federal agencies in this clause as an important part of the bill. “Including federal agencies in this prohibition on obtaining electronic information without a warrant does two important things,” he said. “It will force the federal courts to take a position on the constitutionality of mass federal surveillance programs, since federal statute cannot preempt if it’s not constitutional in the first place,” he said. ‘It also brings to the forefront that each state does indeed have a role to play in rejecting unconstitutional spying programs, whether they’re state or federal.”

Maharrey said that while it would be “highly improbable” for HB1533 to actually stop federal spying programs in the state, there are other parts of the bill that would have an immediate impact on the practice effect of the surveillance.

http://www.gencourt.state.nh.us/bill...lnumber=hb1533

[NewRightLibertarian]

Fantastic! People need to get involved at the state level. That's where liberty can really be promoted

[jurgs01]

I'm seriously considering moving to New Hampshire in the next five years. Just have to line up a new career out there. Have already convinced the GF that it's a good idea.

[FindLiberty]

All good!

DOUBLE GOOD!!

[Keith and stuff]

I like this because it is a step forward. A court overseeing New Hampshire and even the Supreme Court have ruled on cell phones. But this takes it a step further. This cover others things like for example, tablets. My reading shows that it likely also covers the Sony PSP.

III. Evidence obtained in violation of this section shall not be admissible in a criminal, civil, administrative, or other proceeding, except as proof of a violation of this section.

IV. A person injured by a government entity as a result of a violation of this section may file civil suit against the government entity.

184:2 Effective Date. This act shall take effect July 1, 2014.

Approved: July 11, 2014

Effective Date: July 1, 2014

The approved date is after the effective date because legislators had no idea the governor would take so long to sign the bill into law. She took a long vacation/trade mission to Turkey and while this bill could have become law without her signature, the legislative leaders did her a favor by holding the bills on their desks so the countdown of days she had to sign the bills wouldn't run out on her. It was pretty annoying, IMO. But in the end, this bill still became law, despite the back scratching.

[willwash]

I'm seriously considering moving to New Hampshire in the next five years. Just have to line up a new career out there. Have already convinced the GF that it's a good idea.

The more good news comes out of NH, the more FSP will snowball. It might actually pick up some serious steam in the next few years.