Why aren’t federal and state laws being enforced against federal and state employees and contractors participating in targeting?
Federal Law
DODM 5200.01, Volumes 1-3, and the NISPOM: The only lawful reason to classify information is to protect national security. And that information must be declassified as soon as it no longer qualifies for classification. Information must not be classified, continue to be maintained as classified, or fail to be declassified for any other reason. Information is prohibited from being classified to conceal violations of law, inefficiency or administrative error, to prevent embarrassment to a person, organization, or agency, to restrain competition, or to prevent or delay the release of information that does not require protection in the interests of national security. In addition, basic scientific research and its results cannot be classified unless that information is clearly related to national security.
Federal law (18 U.S. Code § 2261A) outlines the elements of federal stalking, which include actions like crossing state lines with the intent to harass, intimidate, or place someone under surveillance, and engaging in conduct that causes the victim to fear for their safety or suffer emotional distress. In the U.S., stalking is generally a felony, particularly when it involves interstate travel or electronic communication.
Section 18 U.S.C. 2340A of Title 18, United States Code prohibits torture committed by public officials under color of law against persons within the public official’s custody or control. Torture is defined to include acts specifically intended to inflict severe physical or mental pain or suffering. (It does not include such pain or suffering incidental to lawful sanctions.) The statute applies only to acts of torture committed outside the United States. There is Federal extraterritorial jurisdiction over such acts whenever the perpetrator is a national of the United States or the alleged offender is found within the United States, irrespective of the nationality of the victim or the alleged offender.
(a) Offense.—Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.—There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.—A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
State Laws
California Senate Bill No. 1223 – SB 1223, Becker. Consumer privacy: sensitive personal information: neural data. The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations. The CCPA defines “sensitive personal information” to mean, among other things, the processing of biometric information, as defined, for the purpose of uniquely identifying a consumer. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.
Minnesota MN SF1110 A bill for an act relating to data privacy; establishing neurodata rights; modifying certain crimes to add neurodata elements; providing civil and criminal penalties; amending Minnesota Statutes 2022, sections 13.04, by adding a subdivision; 609.88, subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 325E.
