Limits of State Surveillance

Any surveillance of an individual by the state is unlawful without court authorization and the knowledge of the party under surveillance.   A court can only authorize surveillance when probable cause of existing or impending criminal activity can be demonstrated. The party to be surveilled must be promptly allowed to appear in court to protest.   The state must not, through collusion with private parties or foreign states, cause unauthorized surveillance.   The state must not engage in surveillance for purposes other than law enforcement and defense readiness.

No law can forbid a private individual, incorporated entity, or set thereof, from taking measures which impede eavesdropping and other third party surveillance, nor can any right, privilege, or penalty, be prescribed or proscribed by law on that basis.



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This is a preliminary draft. Pending changes are in The To-Do List