Tag Archives: john pezold

Local Police Departments Hosting Scanner Info Indefinitely?

License Plate Scanner

A point of contention for the law enforcement community for some time has been public dissent over the use of police license plate scanners. While the scanners are costly to departments, the real point of contention has surrounded when the data is collected, where it is stored, and for how long. This is a growing issue considering 71% of police agencies now use the scanners (increasing to 85% over the next 5 years) with success rates of ‘identifying’ crime as low as 0.005%- 0.0017%.

These cameras take upwards of 100 photos per minute without the use of human oversight. Local and county police departments as well as sheriff’s departments collect and store driver information anywhere from 30 days to a year, while some departments never purge the data. Essentially, individual police forces are establishing a database for millions of drivers, the majority of whom have never even committed a crime.

With the constant headlines around the issue, statistics have consistently shown that many law enforcement agencies have no policy for erasing the data and even overlapping departments have conflicting protocols. In Minnesota, the information collected is erased within 48 hours whereas California has no policy is in place to outline guidelines for purging information collected via license plate scanners.

Organizations such as the ACLU and national leaders like Rand Paul have long opposed the collection, and now storage, of this information without cause which helped halt a national database that was proposed by the Department of Homeland Security earlier this year and led the push for New Hampshire to ban the cameras all together.

Now, it looks like the initiative is coming to Georgia. Enter Representative John Pezold (R-Columbus). Representative Pezold is drafting legislation which will require that all departments -local, county and Sheriff – delete stored license plate numbers and information within 30 days of collection. The legislation would also prohibit any Georgia agency, other law enforcement agency, or federal agency from obtaining, viewing, or transferring the information without a warrant or cause, barring interstate or multi-agency issues.

Opponents of the legislation will likely offer a two-pronged argument:

  1. Setting a state standard circumvents local control. Perhaps, in a sense, but we are talking about privacy concerns of civilians that are currently protected at the varying discretion of elected and appointed officials.
  2. 30 days is too long.

If you support the use of license plate scanners, this will likely mean nothing to you. If you would like all license plate scanners in the state of Georgia banned, this legislation will not satiate your concerns, but it will impose restraints on the system under which we are currently operating.

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Ballot Access Legislation Coming in 2015?

Over the course of the last election cycle, I spent a lot time complaining about the need for ballot access reform. Georgia is currently rated 50th (that’s worst, for those of you playing at home) in the nation for ballot access for third-party candidates, or “independents” since our state only “recognizes” two political parties under election law. “Rogue candidates.” The rebels without a cause. What it means to be recognized as a political party is also defined by state law.

Georgia currently requires these candidates to obtain signatures from 5% of prospective voters. If you’re running for Congress, that’s about 18,000 signatures – and no third-party has been on a general election Congressional ticket since 1943. Whether you’re running for county commission or Governor, you have 180 days to collect the signatures and then turn them in accordance with the qualifying period outlined specifically for independent candidates. This mess unfolded publicly for both Jeff Amason in House District 21(who obtained far more than 5%) and  candidates like Bill Bozarth in Atlanta during the last general election. There is no doubt the process is a bureaucratic, unequal mess.

And we’ve sort of tried. During the 2011-12 legislation session, Secretary of State Brian Kemp recommended by way of Rep. Mark Hamilton and HB 949, along with many other ballot access reform initiatives, a reduced number of signatures required for third-party candidates. Not perfect, but a step in the right direction. The legislature denied this and passed almost every other ballot reform measure in HB 899.

ballot access

Support for fewer barriers to entry goes back further than that, though. A similar bill was introduced by the late Rep. Bobby Franklin and, wait for it,…David Ralston, pre-speakership days. In fact, Ralston was the first signer on HB 927 in the 2005-2006 legislative session. The bill, which is worded in so many ways that I adore, states the following:

BA_section2

Consistent petition standards for all public offices. What a novel thought. The legislation reduced the number of signatures required to 2% of voters based on numbers from the last election. While this legislation is contradictory in and of itself, seeing as though ‘consistent’ would imply that everyone, even “Republicans” and “Democrats” are subjected to the same rules, the mere introduction of the legislation indicates that we have a problem. In September, 58% of Americans favored third parties. It’s time to stop ignoring this issue.

Whether legislation should eliminate signatures for an ‘unrecognized’ party, or we stop using parties on the ballot (Georgia Washington didn’t like them!), or we start messing around with the qualifying fees as a barrier to entry is still up for debate. One thing is for sure: no candidate should have to sue the state to be on the ballot. That’s not a government run by The People and Georgia needs to do better. Perhaps we can shoot for 49th. Regardless of whether you will ever vote for a third-party or not, the inequity based on political affiliation is resounding.

What legislation will actually look like if it comes about in the upcoming session -if it even does- is still to be determined. Rumor has it that legislation will indeed be introduced, perhaps by Rep. John Pezold (R-Columbus). But you know what they say about rumors: Only good ones are spiced with truth.

Constitutional Values? You will rally for these bills…

I’ll keep this short and to the point. The Georgia legislative session has begun and because of the shortened session, the gas pedal is down for legislation. If I were a betting gal, I’d put money on the bad ones getting rammed through while the ones that restore our liberties face a Christie-like traffic jam.

As Constitutional conservatives, bills worth following include the following:

  • HB100 — concerning the Governor’s executive power over firearms and ammunition in a state of emergency. I wrote a full article on this bill, which you can read here. The bill has a substantial number of legislative signers but currently lacks support from the Governor’s office. We’ll keep waiting, but some folks struggle letting go of their own power. If I had to pick *one* piece of legislation to pass this session, it would be this one.
  • HB195 — regarding regionalism. This one is complicated, so if you missed all the articles, catch up here and here.
  • HB25 — a jury nullification bill. If you don’t understand jury nullification, you can read here and see why it’s necessary in a time where our justice system is quite twisted.
  • HB512 — This is a comprehensive gun bill that died on the last day of the 2013 session and included campus carry. In order for this to be considered a “good” bill, two things need to happen: 1) the term “mentally ill” needs to be narrowly defined because as the bill currently stands, those receiving court-mandated counseling and care would not be able to obtain a carry permit (this includes alcohol and drug counseling for people who are convicted of DUI) and 2) the training mandate for students is removed. Don’t mandate me, bro.
    Some are suddenly touting this as a property rights thing. This is only what we’ve been saying for 223 years.
  • HB699 — pertaining to warrantless surveillance by law enforcement and state agencies which also has a complete article detailing the parameters and evils. What I like most about this bill, which I tell you here, is that it actually monetarily charges the people who violate this law.
  • HB 707 — which deals with the Affordable Care Act and essentially nullifies the law in Georgia. There are several arguments that the bill wouldn’t actually do anything other than make a statement to the federal government and could be turned over in court. These are justifiable concerns, but Georgians are waiting for our elected officials to stick up for us and also to show they have courage. This is an opportunity. In addition, it’s an initiative by the People.
  • HB 718 — for raw milk. This is an easy one!! Full article here, but if this doesn’t pass, I will lose all hope for the Georgia legislature. Restoring a simple consumer right should be a quick and painless vote for all Republicans.

Other notable pieces of legislation include:
HB 181 – prohibiting EBT users from using ATMs to obtain cash
HB560 – a drone bill, though I’d rather just see a resolution encouraging dealing with this with other Constitutional rights. Jokes. Sort of.
HB733 – Georgia Religious Liberties Act of 2014 for students in public schools

It’s worth noting that many of these initiatives are not new and are ones many of us have been following for quite some time. If you want to contact your legislators, you can find their contact information here. I also fully support any bill that repeals an existing law. Next week I’ll be posting the bills I would like to see fail…because everyone loves a good hit piece.

Electronic Location Tracking: An Opportunity to Limit Warrantless Searches

spying

That pesky Constitution. It really is stirring up some controversy these days and slipping back into legislation across the states.

I’m sure you’ve seen the headlines. We all have. “Cellphone data spying. It’s not just the NSA” and “DC, Maryland and Virginia cops spying on cell phone data” or more recently “Reports: NSA and GCHQ are spying on virtual worlds, gathering data on gamers“. Private entities are speaking out against the measures, too. They’re everywhere. Literally. Every day it seems we wake to another breaking story about privacy infringements and agency tracking tactics with only stagnant blank stares from legislators on the federal level. Frustration ensues but nothing happens.

So I present to you HB699 authored by State Representative John Pezold (R-Columbus). HB699 essentially details “relating to searches with warrants, so as to narrow the circumstances of when location information for electronic devices may be disclosed without a search warrant; to provide for definitions; to provide for exceptions; to provide for a civil penalty and enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes”. You can read the full text of the bill here, but HB 699 essentially tightens the reins on the out-of control location spying and tracking by law enforcement without a warrant. My favorite part of the bill is the part where it provides punishment parameters for the government entities that violate the statute and allows for suppression of such evidence in court. (I will agree that there is no ‘price’ for our freedoms being compromised but this bill certainly does more to protect our liberties than current practices by law enforcement agencies.)

There is a slight problem, though. As of pre-filing on November 25th, it was a lonely Mr. Pezold and Rep. Scot Turner (R-21) as official signers on the bill.  I find it interesting that a bill like HB41, dealing with water and sewer fees, has more signers than one that strengthens our Constitutional rights and it’s perplexing to me that 1) there aren’t more bills to protect our 4th amendment rights, and 2) that fellow legislators aren’t calling Representative Pezold to help with the initiative. Personally, I want to know where every elected official stands on this, through the House and Senate and up to the Governor. And you should want to know, too. If they don’t support it…primary. It’s time to stop foregoing liberties because “everyone else” is doing it. The justification for “security” that is most often used in these instances is not applicable. A warrant suffices- and they’re not that hard to get, but at least it’s through a process. HB 699 will cease the circumvention of our 4th amendment rights when it comes to location tracking on electronic devices.

The U.S. Supreme Court has already said the use of such devices does constitute a search.  Montana has similar legislation too HB699 and other states have worked to push electronic privacy initiatives, but we’re a long way from where we should be. It’s time for Georgia to step up. Call your legislators. Tell your friends to call their legislators. It matters. It’s not often that we get good bills anymore and HB699 needs support. This bill is a #McWin.