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Bill: (RP Bill) Constitutional Amendment: Surveillance and Data Collection Act.

Details

Submitted by[?]: Nasjonalt Arbeiderparti 🌹

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: February 4196

Description[?]:

AN ACT to establish the necessary provisions for the interception of communications, the disclosure and procurement of data relating to/originating from communications, the carrying out of covert operations, the use of human intelligence, signals intelligence, Geo-spatial intelligence, Open-source intelligence, Technical intelligence and cyber intelligence, in accordance with the National Intelligence and Espionage Act in order to completely cover the functions of the General Directorate for Security, the Military Intelligence Service, the Foreign Intelligence Service, the Government Communications Service and the Royal Communications Center.

Article 1: Procurement and Disclosure of information data.
Section (A): Information can be procured by a person, with the necessary authorization throughout various information sources and apparatuses which include:-
(i) Open-source intelligence
(ii) Human intelligence
(iii) Geo-spatial intelligence
(iv) Signals intelligence
(v) Cyber Intelligence
(vi) Technical intelligence
Section (B): Information can be procured by a person, with the necessary authorization through various telecommunications and general media sources which include:-
(i) Telecommunications networks
(ii) Electronic media
(iii) General communications networks.
Section (C): Information defined to be sensitive by the Informations and Content Curation Division of the Government Informations Center, can be released after a set time established by the Informations and Content Curation Division of the Government Informations Center provided that it is does not endanger national security.
Section (D): Information defined to be extremely sensitive by the Informations and Content Curation Division of the Government Informations Center, can be released after a set time established by the Informations and Content Curation Division of the Government Informations Center with permission from the Ministry of Defence, the Ministry of Internal Affairs and the Office of the Statsminister.

Article 2: Interception of Communications
Section (A): Communications originating from telecommunications networks, Electronic Media and General communications networks can be intercepted in order to gather information on individuals both inside and overseas as to determine their intentions, whether they are a threat to national security.
Section (B): Communications interception is to be conducted through the Government Communications Service for law enforcement agencies and the Royal Communications Center for military and foreign intelligence agencies. Communications interception by law enforcement agencies cannot be conducted by the Royal Communications Center, and Communications interception by military and foreign intelligence agencies cannot be conducted by the Government Communications Service.

Article 3: Authorisation for Communications Interception and Data Procurement.
Section (A): Communications Interception and Data Procurement is authorized jointly by the Telecommunications Committee of the Stortinget Select Committee on Justice and Internal Affairs and the Communications Committee of the Stortinget Select Committee on Defence and National Security.
Section (B): Communications Interception and Data Procurement authorizes the surveillance of communications of a person when he/she has been defined as a aligning with the provisions of the National Intelligence and Espionage Act (http://bit.ly/2p0esNy).
Section (C): Persons who are defined as foreign agents of espionage, threats to national security or individuals assisting foreign agents and persons who are threats to national security under the National Intelligence and Espionage Act (http://bit.ly/2p0esNy) can have their communications intercepted.
Section (D): Legal authorization for communications interception (surveillance) and data procurement is to be gained/obtained via a Warrant of Surveillance from the Supreme Court
Section (E): If a person who has reason to believe that they are unlawfully being surveilled, he/she can bring the matter to the Supreme Court. If it is seen/identified that a Warrant of Surveillance was not obtained, surveillance of said person must end within immediate effect and all data gained destroyed under the authorization by a private tribunal conducted by the Committee for the Constitution after a review of the information/data shows that what was collect is not crucial for the safeguarding of national security.

NOTE:- A Person who is defined as a threat to national security partake in the following acts:-
*He/She has shown/is showing intentions of perpetrating/has perpetrated acts such as terrorism (might it be biological, chemical or nuclear), Transnational crime (might it be human trafficking, corruption, arms and drug trade, or other extremely illicit activities), Espionage (might it be military and/or nuclear), as well as Corruption.
*He/she has shown/is showing intentions/traits of assisting foreign agents/external elements against the state. This includes, Harbouring Foreign Agents of Espionage and Sabotage(might it be hiding them, lying on their behalf or safeguarding their integrity), Assisting in the advancement of the operations of foreign agents/external elements (might it be collecting data on their behalf, sabotaging equipment/objects on their behalf, committing acts of murder on their behalf and executing any mission on their behalf).

Article 4: Surveillance
Section (A): Persons who are seen/identified as a threat to national security can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone)
Section (B): Persons who are seen/identified as foreign agents of either espionage or sabotage can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone).
Section (C): Persons who are seen/identified to be assisting foreign agents of sabotage or espionage or persons who are a threat to national security can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone)
Section (F): Surveillance, Communications Interception and Data Collection, CANNOT to be conducted in bulk. In Bulk meaning, surveillance, communications interception and data collection cannot be conducted on the entire population, or a community, or a collection of individuals. But should only be conducted on a case-by-case , person-by-person basis with permission to do so being obtained through a Warrant of Surveillance from the Supreme Court

Upon completion of vote, this legislation shall be forced into immediate effect and shall be used by the various law enforcement and other domestic and external intelligence agencies as a means of complete information data collection.

**This legislation can be amended/abolished with a 2/3 majority vote by the Stortinget.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
  

Total Seats: 350

no

    Total Seats: 0

    abstain
      

    Total Seats: 0


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