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MN Legislature Introduces Amendment To Protect Electronic Communications

Bob the Super Hamste writes: The Minnesota legislature has introduced an amendment to the State Constitution to enshrine the protections against unreasonable search and seizure to electronic communications and data. The amendment appears to have broad support in the State House, but leadership in the State Senate is lukewarm to it. In the Senate, Judiciary Committee Chairman Ron Latz (DFL) had blocked the amendment, stating that he feels it is redundant. Additionally, Senate Majority Leader Tom Bakk (DFL) opposes the legislation because it is an amendment to the Minnesota Constitution. If it passed, Minnesota would become only the second state to enact such a change (Missouri did so last year with support from 75% of voters).

46 comments

  1. One Word to Disprove It A!! by Anonymous Coward · · Score: 0

    Facebook!!

  2. Emails Sent by Anonymous Coward · · Score: 1

    I took the minute out of my day to email both of these guys who are holding this up in my state. Please consider doing the same. There is a very simple quick email form at both links.

    1. Re:Emails Sent by Bob+the+Super+Hamste · · Score: 1

      Don't just e-mail the two listed senators. While they are the primary ones holding the bill up also send messages to you state congress member and state senator member encouraging them them support and pass the bill. Additionally encourage them to put pressure on the individuals holding up the bill.

      --
      Time to offend someone
  3. About as effective as pissing in the wind. by Anonymous Coward · · Score: 0

    No law on the state level is going to trump the blank check that the federal government has given to the NSA and their lackeys. They can do all the hand-waving they want at the state level about wanting to "protect electronic communications," the NSA has already been demonstrated to be actively:

    - hacking foreign and domestic targets without any discretion or oversight
    - collecting all electronic communications for either immediate access or retrieval, again both foreign and domestic
    - intercepting deliveries of computer hardware and sabotaging them with backdoors and compromised firmware updates
    - compromising updates at the ISP level if they can't get at the hardware itself, often using perfectly legitimate signatures and certificates...wonder how they're getting their hands on those...
    - abusing their power to the extent that you have documents coming out detailing "programs" like LOVEINT, essentially NSA employees using their espionage program to stalk former lovers and destroy their careers or reputations.

    The list could go on and on...and on. Hell, we don't even know the extent of what Snowden has yet, not all of it has been released. There may be worse STILL coming down the pike. Meanwhile you have members of the intelligence community out in droves on social media sites (and yes, even in the comments on sites like Slashdot) referring to Snowden as a "traitor" who should be executed. Not hard to spot a spook, they made a game out of it at DEFCON and you can play the exact same game here. Look for the guy who's loudly suggesting that Snowden is a traitor who should be extradited for betraying the country by...how, exactly? By revealing that Americans are less free than they believed themselves to be? By showing the entire world that there is no greater liar than a U.S. president? These are people that don't believe in the core values their own country was founded on and yet they accuse Snowden of being a traitor.

    The real traitors are the politicians. The question is, how long are you going to allow them to run your lives? How long are you going to allow them to destroy everything that your ancestors helped to build? How long are you going to disgrace your own bloodline by refusing to stand up to these neo-Nazi's?

    1. Re:About as effective as pissing in the wind. by Anonymous Coward · · Score: 0

      How long are you going to disgrace your own bloodline by refusing to stand up to these neo-Nazi's?

      When most Americans just care about what's for dinner and what's on TV, why the fuck should
      any of us Americans sacrifice ourselves so these slobs are not living under a police state ? Let them all
      find out the consequences of their inaction the hard way. Fuck them all.

  4. My two cents... by Anonymous Coward · · Score: 0

    Pass it, but make sure to mention that it is to clarify already-existing laws, and not an addition.

  5. The big question is by rossdee · · Score: 3, Interesting

    How does Dayton feel about it?

    1. Re:The big question is by Anonymous Coward · · Score: 0

      Mumble mumble hrmf frmp hrmnmnmn

    2. Re:The big question is by Bob+the+Super+Hamste · · Score: 3, Insightful

      Ask the last person who he talked to on the subject. Also as others have pointed out it doesn't matter what he thinks as the process to amend the MN Constitution requires only the both the MN house and MN senate pass the bill and that the voters approve the amendment.

      --
      Time to offend someone
  6. TF2 Pyro, is that you? by Anonymous Coward · · Score: 0

    https://www.youtube.com/watch?v=WUhOnX8qt3I

  7. Redundancy Is Good For Civil Rights by firewrought · · Score: 4, Informative

    He feels it is redundant.

    Supposedly the Bill of Rights was controversial in its day because many of the founding fathers thought it would be unnecessary: the population would zealously guard their hard-earned liberty and the various protections of the Constitution (representational government, separation of powers, etc.) would prevent tyranny. In fact, they feared that by enumerating freedoms they would inadvertently limit them, which is why they ultimately included the 9th amendment to say "hey, this isn't an exhaustive list" [though the practical effect of the 9th has been null].

    Fortunately, the Bill of Rights was passed despite being "redundant", and the courts have brought it into play several times when lawmakers worked up particularly nasty bills. Unfortunately, the courts have also weasel-worded their way into listing several exceptions to these amendments (especially where 1, 2, and 4 are concerned).

    --
    -1, Too Many Layers Of Abstraction
    1. Re:Redundancy Is Good For Civil Rights by linuxrocks123 · · Score: 5, Informative

      The story is actually very interesting. The Bill of Rights was enacted as a compromise to get the Constitution passed. The Constitution was not our first government -- that was the Articles of Confederation, but the Articles of Confederation basically wasn't working at all because it was a very poor design.

      Some highlights: it gave the federal government so little power it couldn't do anything. It couldn't even pass taxes; the states were supposed to voluntarily pitch in. It also required unanimous consent in Congress to pass any law, and Congress was all there was; there was no executive or judicial branch.

      So some of the leaders -- the Federalists -- drafted the Constitution to replace it. But there were Anti-Federalists, and they argued the central government would become so powerful it would eventually turn tyrannical. So, the Bill of Rights was added to placate them. We can see now that was a really, really Good Idea(TM).

      --
      vi ~/.emacs # I'm probably going to Hell for this.
    2. Re:Redundancy Is Good For Civil Rights by fyngyrz · · Score: 4, Insightful

      We can see now that was a really, really Good Idea(TM).

      We can also see that because it has no teeth -- there is no penalty for violating the constitution -- it wasn't able to do its job, and that is why, today, we have ex post facto laws, direct violations of most of the bill of rights, the inversion of the commerce clause, and judicial usurpation of article 5 powers. Not to mention a collapse of representation into corporate servitude, resulting in a de-facto oligarchy.

      So, we... Hey! Was that a Nipple Slip????

      --
      I've fallen off your lawn, and I can't get up.
    3. Re:Redundancy Is Good For Civil Rights by khallow · · Score: 1

      We can also see that because it has no teeth

      Then why are you still breathing? Your labor is not valuable enough to justify the seditious words you speak of. Sure, there is substantial encroachment on the framework that is described by the US Constitution, but it'd be a very different world, if it weren't working at all rather than working poorly.

    4. Re:Redundancy Is Good For Civil Rights by Anonymous Coward · · Score: 0

      Yeah, but the implementation has been problematic.

      Even though the Constitution makes explicit the powers given to the Federal government, several take the reverse tact of if a protection isn't listed, it doesn't exist. That makes the possible actions by the government infinite and the protections few, and nearly impossible to protect against.

      Instead of these piecemeal protections, I'd rather no Bill of Rights, and severe penalties for government overstepping its bounds.

    5. Re:Redundancy Is Good For Civil Rights by Anonymous Coward · · Score: 0

      Ok. When was the last time anyone in government went to jail for violating the constitution? It happens every day yet there are no consequences.

    6. Re:Redundancy Is Good For Civil Rights by khallow · · Score: 1

      When was the last time anyone in government went to jail for violating the constitution?

      Again, you miss the point. You're still breathing. That means there remains some obstruction to government or whoever is in power doing what they want. I think this is the current process:

      1) Government representatives violate the Constitution.
      2) Someone gets fed up enough with the behavior to bring it to court.
      3) The court rules mostly in the favor of the defendant.
      4) The government representatives finally stop doing the activity which has been ruled unconstitutional because at this point, they will go to jail if they continue the activity in direct violation of the court order.

    7. Re:Redundancy Is Good For Civil Rights by chihowa · · Score: 1

      You keep referring to "still breathing", as if state sanctioned murder of citizens for petty criticism is obligatory in the absence of the Constitution. There are plenty of countries without written constitutions where the post above wouldn't get you killed and there are plenty of reasons that have nothing to do with the Constitution to not murder people for speaking their mind.

      Is the world really so black and white to you? Can we not complain about the shortcomings of our system of government until we are being dragged away and disappeared in the night?

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    8. Re:Redundancy Is Good For Civil Rights by khallow · · Score: 2

      You keep referring to "still breathing", as if state sanctioned murder of citizens for petty criticism is obligatory in the absence of the Constitution.

      He's publicly challenging authority. That's pretty open and shut. And dictatorships pretty much need to make examples of those who publicly challenge their rule or they cease to be the ones in charge.

    9. Re:Redundancy Is Good For Civil Rights by chihowa · · Score: 1

      Oh, so the world really is that black and white to you. Either the Constitution has teeth and punishes authority when it oversteps its bounds (which it clearly doesn't) or the US is a brutal dictatorship and citizens who challenge authority must be murdered to make an example (which it clearly isn't).

      There clearly isn't anything else in play here. Either the Constitution works or the government is murdering you. Open and shut.

      (Let alone the obvious existence of other countries that neither have a constitution nor are brutal dictatorships.)

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    10. Re:Redundancy Is Good For Civil Rights by khallow · · Score: 1

      Oh, so the world really is that black and white to you.

      Yes, because the world is that black and white.

    11. Re:Redundancy Is Good For Civil Rights by McFly777 · · Score: 2

      Yeah, but the implementation has been problematic.

      Even though the Constitution makes explicit the powers given to the Federal government, several take the reverse tact of if a protection isn't listed, it doesn't exist. That makes the possible actions by the government infinite and the protections few, and nearly impossible to protect against.

      Instead of these piecemeal protections, I'd rather no Bill of Rights, and severe penalties for government overstepping its bounds.

      Not disagreeing with several comments here that things have devolved as regards to constitutional rule, but the Bill of Rights explicitly disallows what you contend happened. The tenth amendment reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people." Therefore, the fault isn't in the Bill of Rights not providing comprehensive protections, the fault lies securely in lack of vigilance by the populous allowing the slippery slope expansion of the commerce rule et al to encompass everything. (or even so far as the populous crying "increase the dole" and asking for the constitution to be violated.)

      There are several other instances where the Bill of Rights says "Congress shall pass NO law regarding..." but Congress does anyway, and says that they are upholding that Right by clarifying it somehow. (what part of NO don't they understand?) Or, if Congress doesn't, then the courts start legislating from the bench, inventing new unwritten rights which somehow trump the explicitly written ones. Again, lack of vigilance to keep the congress honest, lack of impeachment to kick out those in the executive and judicial who violate, etc.

      As I said I don't disagree with what you said up front, but I do disagree with your conclusions that the Bill of Rights made things worse somehow, if anything it probably should be reaffirmed and strengthened. Mark Levin has a book proposing one way to approach doing this. (Admittedly, he is hard/painful to listen to on the radio, but his writing is much better.)

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    12. Re:Redundancy Is Good For Civil Rights by Anonymous Coward · · Score: 0

      You're still breathing.

      This is not because he is protected by the rule of law, but because it is more costly to incarcerate or execute him than it is to let him go on being impotently seditious. Of course the various law enforcement agencies are innovating new and exciting ways to alter this cost/benefit analysis.

      J. E. Hoover: "NSA supercomputer, please give me a printout of every person on the continent with seditious thoughts as well as their present location. Oh and print up a bunch of warrants for all of them."

    13. Re:Redundancy Is Good For Civil Rights by khallow · · Score: 1

      This is not because he is protected by the rule of law, but because it is more costly to incarcerate or execute him than it is to let him go on being impotently seditious.

      That's never been a problem before. It's not particularly costly to incarcerate or execute people. And being allowed to be "impotently seditious" has greater costs for the government down the road, such as it getting replaced.

  8. The big question is by jordanjay29 · · Score: 3, Insightful

    Doesn't matter, Dayton gets no real say in this. He can speak his opinion, but it's that of a fellow Minnesotan and not as someone with the power to enact this as law.

  9. I'm sorry... by jordanjay29 · · Score: 1

    I'd sooner call the cops on rabble-rousers like yourself than to racially profile someone. Too bad (at least in the US) the first amendment protects your right to say this just as much as it protects someone's right to walk around.

  10. Wrong word by fyngyrz · · Score: 1

    The word is "Feds"

    --
    I've fallen off your lawn, and I can't get up.
  11. Re:I'm sorry... by Anonymous Coward · · Score: 0

    I'd sooner call the cops on rabble-rousers like yourself than to racially profile someone. Too bad (at least in the US) the first amendment protects your right to say this just as much as it protects someone's right to walk around.

    So you would rather have a state with "thought crimes" than tolerate speech you really find distasteful. And when you recognize that there are still obstacles in the way of such an extreme police state, you decide to feel somehow honored, because you recognize that there still are such obstacles - despite the constant efforts to chip away at them. At least you're unusually up-front about what kind of state you desire and how much you believe your own personal (though quite rational) tastes should direct this sort of grand executive power. But your vision will result in something like the Inquisition -- you do know that, right? Truth is, the speech that most pisses us off for the most well-founded of reasons is the very speech we must always protect. The alternative is just that much worse than mere distaste.

  12. All systems can be abused by s.petry · · Score: 4, Insightful

    I see the US Constitution bashed constantly in media, and occasionally here. You seem to hint at the same idea in your last sentence as well, but maybe I'm taking that wrong. The US was the best design in the history of Governments. Many compromises took place to enact it, but the idea was that it would be difficult to change (not impossible). We now have Politicians and Supreme court justices that believe the Constitution is a nuisance, and that is telling. Primarily that the US Constitution is still a thorn in their sides.

    If we taught kids the history of the Constitution and all that surrounded it, we would be much better off.

    I can dream can't I?

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    1. Re:All systems can be abused by linuxrocks123 · · Score: 1

      I intended no sarcasm. I think the Bill of Rights was a very good idea.

      --
      vi ~/.emacs # I'm probably going to Hell for this.
    2. Re:All systems can be abused by Anonymous Coward · · Score: 0

      I don't really see it that way. I see it as a piece of paper that makes it very difficult to make things "better", but relatively easy to make things "worse." For example, civil/labor rights was hard, people fought and died for decades for pathetic incremental gains. Extrajudicial assassination, denial of constitutional protections, constant state of war/ empire building, arbitrary loss of freedoms, steady erosion of corporatism manipulation, have all been pretty "easy." Slow steady 200 yr decent into tyranny and somehow we're absolved because the masses have an every growing "quality of life" defined by cheap food, cheap energy and an every growing assortment of cheap distractions.

  13. Painting himself into a corner by SeaFox · · Score: 4, Insightful

    In the Senate, Judiciary Committee Chairman Ron Latz (DFL) had blocked the amendment, stating that he feels it is redundant.

    Saying it's redundant implies there are already laws on the books that protect against unreasonable search and seizure of electronic communications -- yet those actions are being taken.

    So which is it, Ron? Either this is not redundant, and therefore a good idea in the scheme of checks and balances, or LEOs are getting unlawful access to electronic communications. Either way, there's a problem here that needs to be addressed.

    1. Re:Painting himself into a corner by RabidReindeer · · Score: 2

      In the Senate, Judiciary Committee Chairman Ron Latz (DFL) had blocked the amendment, stating that he feels it is redundant.

      Saying it's redundant implies there are already laws on the books that protect against unreasonable search and seizure of electronic communications -- yet those actions are being taken.

      So which is it, Ron? Either this is not redundant, and therefore a good idea in the scheme of checks and balances, or LEOs are getting unlawful access to electronic communications. Either way, there's a problem here that needs to be addressed.

      It's a way of resolving a conflict between the letter of the law and the spirit of the law.

      Most of us would expect that when a group of people get together and explicitly state that they should be "secure in their papers", that that would mean essentially any private documents and correspondence.

      The current Federal approach, however, is to take the letter-of-the-law approach and since electronic documents aren't "paper", they consider them fair game. This not only allows them more power, it makes lawyers happy, since they hate people second-guessing the real reasons for laws, even when the reasons are fairly obvious.

      Thus, Mr. Latz slams the door on the literalists at the expense of appearing redundant.

    2. Re:Painting himself into a corner by McFly777 · · Score: 1

      In the Senate, Judiciary Committee Chairman Ron Latz (DFL) had blocked the amendment, stating that he feels it is redundant.

      . . .

      Thus, Mr. Latz slams the door on the literalists at the expense of appearing redundant.

      I would like to agree with Mr. Latz, it should be redundant. The problem is that too many courts, prosecutors, etc. have not considered electronic documents to be "papers" therefore it has already been found to not be redundant.

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    3. Re:Painting himself into a corner by RabidReindeer · · Score: 1

      And it appears I read his position backwards. Instead of slamming the door, he wants to keep it open.

      Regardless of what Latz says one way or another, it should be redundant, but the courts and law enforcement have made it otherwise.

  14. Survey says : X by chromaexcursion · · Score: 1

    why did this even get put on the /. main page
    the summary itself provides damning evidence that this bill is a pointless act.

    this might get more press than the Montana hating state rep who wants to ban yoga pants, but not likely

    1. Re:Survey says : X by CrimsonAvenger · · Score: 1

      the summary itself provides damning evidence that this bill is a pointless act.

      And that evidence would be?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    2. Re:Survey says : X by Anonymous Coward · · Score: 0

      The point of the amendment is to document that 'electronic' records should be offered the same protection (probable cause) as physical records. Currently, because the holder of the data is typically not the 'owner' of the data, the bar is much lower (articulable suspicion).

      Basically, since all records are now electronic, this means we have much less protection than the constitution (US) is supposed to grant us. By making the wording of the constitution (MN) explicit in its inclusion of electronic records under the warrant process (probable cause), we are telling the courts what the laws are allowed to be (ie what laws are constitutional).

  15. What will this do exactly? by Anonymous Coward · · Score: 0

    You are hopelessly naive if you think the NSA/DOJ/FBI/DEA and other criminal enterprises are going to stop snooping just because some state passes a law.