Surveillance Without Suspicion: A Legislative Response

Washington Enhanced Intelligence Act (SB 6432 / HB 2798)

The ACLU has worked with state policy makers to draft legislation that would protect individuals from being the target of surveillance on the basis of their political, social or religious beliefs.  

SB 6432 / HB 2798 will allow government to collect information about an individual's free speech, political, or religious activities only in relation to an ongoing criminal investigation. The measure also requires law enforcement agencies to accept only information gathered in ways that protect civil liberties. In addition, it will provide for independent oversight through external audits. And it will grant individuals a right to know whether their information is contained in government files and an ability to challenge statutory violations.

Federal Legislation

State legislation only goes so far, as federal agents are not bound by state and local law.  To truly prevent surveillance without suspicion, federal reform is needed.  Congress should enact legislation that provides accountability and oversight of federal domestic surveillance efforts. 

Congress should also enact clear limits on federal information gathering efforts.   Current regulations are unenforceable and provide no penalty for violation.  This leaves federal agents free to collect information about the political, social or religious beliefs of an individual or group with impunity.