Status Report: Nullifying the National Surveillance State

Tenth Amendment Center

In 2014, the Tenth Amendment Center dove headfirst in the fight against unconstitutional federal surveillance when it spearheaded efforts to turn off the water at the NSA facility in Bluffdale, Utah, and cut off other critical state and local services to other NSA facilities.

We haven’t turned off the water in Utah — yet. But we did win some victories. In 2014, California Gov. Jerry Brown signed SB828 into law, laying the foundation for the state to turn off water, electricity and other resources to any federal agency engaged in mass warrantless surveillance. In 2018, Michigan built on this foundation with the passage of HB4430. The new law prohibits the state and its political subdivisions from assisting, participating with, or providing “material support or resources, to a federal agency to enable it to collect, or to facilitate in the collection or use of a person’s electronic data,” without a warrant or under a few other carefully defined exceptions. 

Although NSA spying remains the most high-profile warrantless surveillance program, the federal government has created a national surveillance network that extends well beyond the operation of this single agency. In fact, state and local law enforcement have become vital cogs in the national surveillance state. …