California governor Jerry Brown vetoed a bill that required the police to get a warrant before searching a telephone. Without this law, California's police will continue their practice of searching the cellphones of people they arrest, "which in the digital age likely means the contents of persons’ e-mail, call records, text messages, photos, banking activity, cloud-storage services, and even where the phone has traveled."
Brown blamed the Supreme Court, which found that current US laws don't protect against this sort of snooping, saying that the court's finding should stand. But all courts can do is tell you whether or not something is legal in the current system -- it's not their job to say what the law should be.
That's the legislature's job, and they did it: California's lawmakers passed this bill because deep, intrusive snooping without a warrant is an affront to human rights, privacy and dignity. In Brown's view, it seems that no laws should be passed -- rather, we should just freeze the current legislation and let courts refine it for the rest of time.
Brown’s veto message abdicated responsibility for protecting the rights of Californians and ignored calls from civil liberties groups and this publication to sign the bill — saying only that the issue is too complicated for him to make a decision about. He cites a recent California Supreme Court decision upholding the warrantless searches of people incident to an arrest. In his brief message, he also doesn’t say whether it’s a good idea or not.
Instead, he says the state Supreme Court’s decision is good enough, a decision the U.S. Supreme Court let stand last week.
“The courts are better suited to resolve the complex and case-specific issues relating to constitutional search-and-seizure protections,” the governor wrote.
Because of that January ruling from the state’s high court, the California Legislature passed legislation to undo it — meaning Brown is taking the side of the Supreme Court’s seven justices instead of the state Legislature. The Assembly approved the bill 70-0 and the state Senate, 32-4.
(Image: IMG_2787, a Creative Commons Attribution Share-Alike (2.0) image from kristina06's photostream)
IDNYC is New York City’s ID card program, and it has served as a critical means for undocumented migrants to get identity papers that they can use to establish utilities accounts, bank accounts, and so on. The city has announced a change to the program’s data-retention policy, vowing to purge information that might be useful […]
Last year’s Hello Barbie chatbot toy sent all your kid’s speech to cloud servers operated by Mattel and its tech partner, but only when your kid held down Barbie’s listen button — new chatbot toys like My Friend Cayla and the i-Que Intelligent Robot are in constant listening mode — as is your “OK Google” […]
Environmental lawyer-turned-Portland City Commissioner Steve Novick has a cool use for the new SEC rules requiring companies to disclose executive pay starting in 2017: he’s going to impose special taxes on businesses where the ratio of CEO pay to median worker pay exceeds 100:1 — an increase of 10% for 100:1 companies, and 25% for […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]
Unlike traditional lighters, the SaberLight features an electronic plasma beam that’s both rechargeable and butane-free. This sleek lighter is even approved by TSA, so you’ll never be stuck buying lighters you’ll just have to throw away partially used. For some people, like me, this is a pretty big game-changer. The SaberLight’s beam is actually both hotter and cleaner […]
Holiday shopping is in full swing, and the Striiv Touch is one of the best gift ideas I’ve landed on. Its simple design works for females and males, and its wide range of features makes it suitable for even the non-fitness enthusiasts in your life.Unlike traditional fitness trackers, the Striiv Touch also acts as a smartwatch. It […]