Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/24/2015 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 13 | TELECONFERENCED | |
SB 13-WARRANTLESS SEARCH OF ELECTRONIC DATA
3:31:12 PM
CHAIR BISHOP announced the consideration of SB 13. [CSSB 13,
labeled 29-LS0006\W, was before the committee.]
3:31:28 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, explained that he made a presentation regarding SB 13
during the previous week. He reiterated that SB 13 will prohibit
state, local municipalities, or communities from assisting what
is defined as a "federal data collection and surveillance
agency" in collecting certain telephone records and electronic
data without a warrant. He explained that the bill stems from
concerns voiced by Alaskans and people across the country about
inappropriate collection, eavesdropping, and spying by the
National Security Agency (NSA) on American citizens. He noted
that both support and concerns were addressed at the previous
committee meeting.
SENATOR WIELECHOWSKI said some law enforcement agencies have
submitted letters of opposition. He divulged that his office has
contacted some of the law enforcement agencies since the
previous meetings in addition to a discussion with the
Department of Law. He revealed that the bill does not have a
consensus from law enforcement and he opined that he does not
ever expect to have consensus from law enforcement.
He remarked that he does not think the bill does what law
enforcement thinks it does. He reiterated that he has no
intention to prohibit law enforcement from working with federal
agencies in child pornography cases or other legitimate law
enforcement activities. He explained that the bill's intent is
to stop federal surveillance agencies, like the NSA, from
conducting inappropriate, illegal, and unconstitutional
activities that the state should not be supporting at all.
He pointed out that the definition for the federal surveillance
agency was taken from similar legislation taken up in Texas and
Utah. He noted that similar legislation is being pursued in 17
different states. He noted that the bill has another referral in
the Senate Judiciary Committee that he is a member of and added
that he would be happy to work with law enforcement in the
committee to tighten the federal agency definition even more.
He opined that the dispute really is the definition of what is a
federal data collection and surveillance agency. He revealed
that other states have had the same definition fight in Montana,
Utah, and Texas. He said ultimately the decision is a policy
call.
3:32:46 PM
SENATOR STEDMAN joined the committee.
3:35:09 PM
CHAIR BISHOP announced that the committee will take public
comment.
3:35:38 PM
STUART THOMPSON, representing himself, Meadow Lakes, Alaska,
stated that he supports SB 13. He pointed out that
constitutional conflicts exist between surveillance and
investigatory procedures.
3:39:38 PM
KRIS SELL, Vice President, Alaska Peace Officers Association
(APOA), Juneau, Alaska, said the APOA board opposes SB 13. She
specified that APOA considered SB 13 and came to the consensus
not to support it. She said local law enforcement works very
closely with its federal partners and noted that their FBI
partners are often on the perimeter for drug calls. She detailed
that local law enforcement works side by side with federal
agencies in cases that involve drugs, sex trafficking, and child
pornography.
She said APOA believes SB 13 potentially drives an unnecessary
wedge between local law enforcement and federal agencies that
include the FBI, NOAA, and the U.S. Forest Service. She remarked
that she might not be able to share a text message or e-mail
with a federal agent because the agency does not have a warrant
and she could not share her legally obtained information for a
federal prosecution, something that could potentially hurt the
public.
She asked that the committee consider what the bill is actually
saying. She noted that the bill's sponsor has said the
legislation is about the CIA and NSA, but potentially the bill
could harm Alaska law enforcement because local law enforcement
works so closely with its federal counterparts.
3:42:22 PM
RODNEY DIAL, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), Ketchikan, Alaska, said DPS opposes SB 13.
He said the department certainly appreciates the changes to the
bill that narrowed the scope; however, the department has some
concerns and prefers that the legislation specify by name the
agencies to exclude or the agencies that are not part of the
legislation. He explained that most federal law enforcement
agencies can obtain some electronic data with a subpoena and not
a warrant. He summarized that DPS is concerned that the bill
would limit its ability to assist in complex joint
investigations.
SENATOR STEDMAN said he was not interested in jeopardizing
Alaska's children any more than they already have to be
subjected to. He asserted that he is not very favorable on
loosening restrictions if the result makes it easier for the
child pornography folks to function and get around. He noted
that several arrests have been made in his district the last
several years and one involved a past mayor in Ketchikan that
went on for years, an act that the community found appalling. He
stated that society is better off when tighter restrictions are
placed on issues like child pornography. He pointed out that law
enforcement agencies throughout Southeast Alaska have been doing
a very good job the last few years ratcheting up the pressure on
the drug industry and have had several big busts. He expressed
that he does not want to see law enforcement's hands tied and
asked to make sure they are on board as the bill moves forward.
He summarized that he does not like eavesdropping more than
anybody else, but he noted that he would like law enforcement
agencies to have access to data in order to deal with internet
cyber-crime.
3:46:13 PM
CHAIR BISHOP asked Mr. Dial to verify that DPS would like to see
the bill's definitions tightened up to a specific agency name.
MR. DIAL answered that the department discussed possible
implications from the bill and noted that DPS receives 15 to 30
requests for information per month from federal agencies. He
reiterated that DPS suggests that SB 13 be designed specifically
to prevent eavesdropping with agencies specified by name. He
explained that specifying agencies would make it easier to
determine if information about a suspect was gathered by means
other than a search warrant.
3:47:27 PM
At ease
3:47:49 PM
CHAIR BISHOP called the committee back to order. He asked
Senator Wielechowski to work on language with law enforcement
before the committee moves the bill forward.
SENATOR WIELECHOWSKI opined that there probably was a reason why
legislation similar to SB 13 has not passed in any state in the
country yet. He explained that the core issue is how to define
what the federal agency is in a way that includes the NSA, but
does not include the FBI and some of the other organizations
that work with local law enforcement. He noted requests from law
enforcement about naming the agencies, but remarked that
agencies other than the NSA could be involved and naming
organizations can be legally tricky and unrealistic.
He asserted that SB 13 does not cover child pornography and does
not change the collection of text messages and e-mails. He said
he will be happy to work with law enforcement, but conceded that
he does not know if getting a product that law enforcement
agrees with is possible because there has never been a product
that law enforcement has agreed with in any state in the country
that he is aware of on a bill like SB 13.
3:49:44 PM
CHAIR BISHOP closed public comment.
3:50:03 PM
CHAIR BISHOP announced that SB 13 will be held in committee.
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