2015 Section 702 Aff 1ac 2 Observation 1: Inherency 3 Thus the plan 5



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Case Neg

States CP

Text:


The 50 United States should promulgate legislation to ban data collection facilities in their states, refuse to supply water and electricity to NSA facilities, prohibit state officials from using warrantless data in law enforcement investigations, and NSA partnerships with public, state-run Universities or Colleges.

Observation I: Net Benefits


We solve the harms of surveillance and compete through net-benefits [explain].

Observation II: Solvency:

States can curtail surveillance—by ending partnerships with Colleges/Unviersities, refusing to supply electricity and water, and prohibiting state use of warrants, they can eliminate NSA surveillance


OFFNOW 15 (“THE PLAN,” http://www.offnow.org/plan)

THE PLAN¶ It's easy to feel helpless when facing a government that has the power or claims the authority to spy on virtually everybody in the world with impunity.¶ BUT IT CAN BE STOPPED.¶ In 1975, Sen. Frank Church warned America about the federal spy program, saying that if a dictator took over the NSA it “could enable [him] to impose total tyranny."¶ And that was before the advent of the Internet.¶ Here we are almost 40 years later and Congress hasn’t done a thing about it. In fact, things are actually far worse. Politicians in D.C. have repeatedly failed to fix the issue, even in the wake of leaked documents and damning revelations.¶ In The Art of War, Sun Tzu advised this strategy: “Attack him where he is unprepared, appear where you are not expected.”¶ The NSA expects its opponents to “attack” from the same front they always have: Washington D.C. It’s ready for that.¶ But it does have an Achilles Heel.¶ MAXED OUT¶ In 2006, the Baltimore Sun reported that the NSA had maxed out capacity of the Baltimore-area power grid.¶ “The NSA is already unable to install some costly and sophisticated new equipment. At minimum, the problem could produce disruptions leading to outages and power surges. At worst, it could force a virtual shutdown of the agency.” FACT: The spy agency needs resources like water and electricity. It simply cannot operate its facilities without these essential resources. State and local governments often supply them. For instance, the NSA storage facility in Bluffdale, Utah, will reportedly use up to 1.7 million gallons of water every single day when fully operational. The city holds the contract to supply that water.¶ It doesn't have to.¶ Nothing requires state or local governments to help the federal government violate your rights!Under the legal principle known as the anti-commandeering doctrine, the Supreme Court has consistently held that the federal government cannot force states to help implement or enforce federal acts or programs. It rests primarily on four Supreme Court cases: Prigg v. Pennsylvania (1842), New York v. US (1992), Printz v. US (1997) and National Federation of Businesses v. Sebelius (2012).¶ Printz serves the cornerstone.¶ “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program…such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”¶ 1. RESOURCES¶ Instead of relying on the federal government to reform its own spy program, the OffNow plan involves working at the state level to create an environment that makes it politically and logistically impossible for the NSA and other federal agencies to continue illegal surveillance programs. The strategy centers around state and local legislation designed to deprive the NSA and other agencies engaged in warrantless spying of the resources and cooperation they need to operate and accomplish their goals. The short version? We intend to pull the rug out from under them, box them in and shut them down.¶ This model legislation (HERE), ready for introduction in any state, would ban a state (and all its political subdivisions) from providing assistance or material support in any way to federal spying programs. This would include, but is not limited to: Refusing to supply water or electricity from state or locally-owned or operated utilities. Ending NSA partnerships with public universities and colleges. Prohibiting state officials from using warrantless data given to them by federal agencies Within the scope of current jurisprudence, state law cannot prevent the federal government from bringing in its own supplies. But, the 2006 power grid issue indicates that in many situations, the federal government simply cannot do this on its own. As a legal matter, contracts for water, electricity and other resources and services are simply voluntary agreements made between the federal government (or its agents) and the state or local government. States legitimately can and should decide whether to honor the request based on the state’s own set of priorities. ¶ The states and local communities should simply turn it off. In fact, Nevada took this path against the powerful Department of Energy, and won.

Extend: States CP Solvency

States can solve—6 ways


OFFNOW 15 (“THE PLAN,” http://www.offnow.org/plan)

STRATEGY¶ Former NSA technical leader and whistleblower William Binney says, "There have been at least 15-20 trillion constitutional violations" by the NSA.¶ We must engage a multi-prong strategy to deal with a surveillance establishment so well-entrenched and broad in scope. Currently, many activists are engaged in the support of lawsuits or Congressional legislation to limit or stop the NSA. But waiting for these to play out positively could prove a dangerous game of chicken.¶ By approaching the surveillance state on multiple fronts, it is possible to overwhelm it and make its programs too difficult or costly to carry out. A program to Turn it Off and thwart the surveillance state through state legislation intersects in six main areas: 1. Denying federal agencies engaged in warrantless surveillance the resources they need to operate.¶ 2. Prohibiting the introduction of warrantless information collected by the feds and shared with state and local law enforcement in state criminal proceedings. 3. Ending warrantless location tracking of cellphones, and physical surveillance by drones.¶ 4. Ending cooperative partnerships between universities and the NSA. 5. Penalizing corporations that cooperate with mass, warrantless surveillance.¶ 6. Addressing state and local actions that feed into the larger surveillance-state, such as fusion centers, suspicious activity reporting, surveillance cameras and license plate readers. SAY "NO!"¶ Rosa Parks demonstrated the power of "No!"¶ When she refused to give up her seat on that Montgomery city bus, she ignited a fire that ultimately consumed Jim Crow.¶ We possess that same power today. State and local governments can say, "No!" to warrantless spying and simply refuse to cooperate with it. This one word gives us the power to reject mass surveillance and restore privacy. But it can only happen if we muster up the necessary courage to act. “The only tired I was…was tired of giving in," Parks later said.¶ Are you tired? Are you tired of sitting back and feeling helpless as the federal government violates your privacy? Are you tired of excuses and justifications from Washington politicians? Are you tired of being ignored?¶ Then take action!¶ Say, "No!"¶ Join us as we work to take apart the surveillance state!


Texas Bill Would Turn Off Power to Massive NSA Surveillance Facility


Mike Maharrey 2015 (mike maharrey http://blog.tenthamendmentcenter.com/2015/03/texas-bill-would-turn-off-power-to-massive-nsa-surveillance-facility/ march 26 2015)

Texas legislator introduced a bill that would stop the independent Texas power grid from being used to power mass, warrantless surveillance by the NSA. Rep. Jonathan Stickland (R) introduced House Bill 3916 (HB3916) on March 13. The legislation would prohibit any political subdivision in Texas from providing water or electricity to any federal agency “involved in the routine surveillance or collection and storage of bulk telephone or e-mail records or related metadata concerning any citizen of the United States and that claims the legal authority to collect and store the bulk telephone or e-mail records or metadata concerning any citizen of the United States without the citizen’s consent or a search warrant that describes the person, place, or thing to be searched or seized.” “No water and no electricity means no super-computers. That will shut down NSA operations in Texas. If Congress doesn’t want to reform the NSA then we’ll just turn it off,” OffNow founder and associate director Michael Boldin said.




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