The following is model legislation for your state to resist the unconstitutional NSA programs which violate the 4th Amendment billions of times each week.  Learn about the strategy behind this bill and its constitutional foundation HERE.  Plus, get action items for what you can do in your state.

.pdf version HERE

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AN ACT, which shall be known and may be cited as the “4th Amendment Protection Act.”

THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS: 

SECTION 1. Policy 

A. It is the policy of this state to refuse material support, participation or assistance, to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

SECTION 2. Prohibition on State Actions 

A.  Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:

(1) Provide material support, participation or assistance in any form, with any federal agency which claims the power, or with any federal law, rule, regulation, order which purports to authorize, the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

(2) Utilize any assets, state funds or funds allocated by the state to local entities on or after (DATE), in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

(3) Provide services, or participate or assist in any way with the providing of services to a federal agency, federal agent, or corporation providing services to the federal government which is involved in the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

(4) Use any information in a criminal investigation or prosecution provided by any federal agency, agent, or corporation providing services to the federal government, which was obtained through the collection of electronic data or metadata of any person(s) pursuant to any action not based on a warrant that particularly describes the person(s), place(s) and thing(s) to be searched or seized.

SECTION 3.  Penalties 

A.  A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 2 of this Act.  State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this Act.

B.  Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall be deemed to have resigned any commission from the State of (STATE) which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this State.

C. Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

SECTION 4. Severability 

The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

SECTION 5. Effective Date. 

This act takes effect immediately upon approval by the Governor, the public safety requiring it.