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Sen. Betzold introduces criminal intelligence data bill that could be a problem

by: The Big E

Mon Mar 02, 2009 at 22:14:17 PM CST


Sen. Don Betzold (DFL-Fridley) introduced SF1103, The Criminal Intelligence Data Classification bill, today.  This bill strikes me as a distinctly Big Brother type of bill.  The wording is vague and allows MN law enforcement to collect any information on anyone they want.

It seems to me that Betzold has defined terrorist activity broadly enough so that peaceful civil disobedience would fall inside the purview of this bill.  In other words, our law enforcement could pull credit information, employment information, Facebook friend lists (for more people to investigate) and etc. on anyone for any reason they want.  There is absolutely no recourse to determine if our state's law enforcement is compiling criminal data on you under this bill.

"Terrorist activity" means acts dangerous to human life that violate the criminal laws of this state or the United States and appear to be intended to:
(1) intimidate or coerce the civilian population;
(2) influence the policy of the state by intimidation or coercion; or
(3) affect the state by mass destruction, assassination, or kidnapping.
(h) "Threat of imminent serious harm" means a credible impending threat to the safety of a person, government entity, or property.
(SF1103 Summary)

I contacted Sen. Betzold asking him to explain his bill or provide a press release.  Here is his response.

This is an agency bill which was suggested by a data practices task force over the legislative interim. Right now, investigative data is confidential. However, there is no classification for intelligence data, which means that it would be public.

I would guess that your concerns will be discussed at a hearing in the Senate's Data Practices Subcommittee. A bill as it is introduced is not necessarily how it will look as it goes through the process.

I would like to thank Sen. Betzold for his quick response and I will be keeping an eye on this one.  I hope that someone changes the bill.  There needs to be a balance between law enforcement's need to track gang activity and protecting my civil rights.

The Big E :: Sen. Betzold introduces criminal intelligence data bill that could be a problem
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Ack, that (1) intimidate or coerce the civilian population;  is terrible!  Drop that out for sure!  That could be anything...

Not Good! Would Pave Way to Big Brother Collecting AND Blacklisting (0.00 / 0)
I just found out about this Bill and already have started making calls and sending e-mails to alert those concerned with loss of civil liberties and national security issues.  What an odd coincidence that we just learned of the nine secret and now repudiated legal memos in Bush's Department of Justice!  Among the most controversial, far reaching and dangerous of the nine secret memos released a couple days ago, was one entitled "Authority for Use of Military Force to Combat Terrorist Activities Within (emp. added) the United States".  Dated Oct 23, 2001, and written by DOJ lawyers John Yoo and Robert Delahunty, it said Bush's war powers allowed him to put restrictions on freedom of the press and freedom of speech.  It further opined that "the current campaign against terrorism may require even broader exercises of federal power domestically."

Which brings us back to Sen. Betzold's Bill.  As a former FBI Division FOIA-Privacy officer, I see more than one problem with this draft "criminal intelligence data" law that immediately jumps out.  All the pseudo-sophisticated terminology hides the fact that the info that will be collected and maintained on individuals would be based on nothing more than a "reasonable possibility".  Authorities would get to keep this collection of info about you secret but then, at the same time, they could share it with "persons" such as members of the Highway Trucking Association, the FBI's InfraGard Corporate partners, and other corporate groups which they deem protective of the "infrastructure".  We've just learned this actually did occur in the year-long investigations of protest groups at the RNC (click this Department of Homeland Security's "Highway Watch" document here that has been posted on Wiki-leaks: http://cryptome.org/spy-protes...  

What's happened and happening repeats the mistakes that occurred during the COINTELPRO era only instead of being driven by the hyped fear of Communists, it's now driven by the fear of "homegrown terrorists".  Yoo and Delahunty certainly wanted to take the country in this direction but it's really hard to believe that anyone on either side of the aisle in Minnesota wants to now return to the J Edgar Hoover mentality.    


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THanks for making this clearer to me, Coleen.  Yikes.  J Edgar Hoover mentality. Yikes!

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