I am sending the following letter to as many Republican and Democrat State delegates that I can find.
During this last legislative session, I was a vocal opponent to House Bill 150, “Administrative Subpoena Amendments”. This bill expanded an already unconstitutional practice of bypassing a warrant when demanding customer information from an Internet Service Provider. I do not believe that the founding fathers did not care about crimes against children, nor deem that the Fourth Amendment of the Constitution was overly broad and needed to be disregarded in case of new technologies. As the president of XMission Internet, I have personally responded to hundreds of warrants in a professional and expedient fashion. As a citizen of this country it is my duty to respect law enforcement’s requests when they properly follow the Constitution. If I didn’t respond to a warrant, then I am committing a crime in itself.
My customer information is part of my papers and effects, protected by the Fourth Amendment. If I was a gunsmith in revolutionary America, a list of my customers would provide a lot of valuable information to the British. Under HB150, all you need to do is make a threat against the government on the Internet, and suddenly you are suspected of cyberstalking. Your Internet identity is laid bare for any individual in law-enforcement to uncover, without the oversight of a third-party judge. New technologies require us to respect the Constitution more, not less. Administrative Subpoena proponents in the Attorney General’s office believe that lack of a warrant for customer data is not unconstitutional because it has been ruled so by a variety of court opinions. The legislature exists to affirm and uphold the Constitution and not the courts. The AG’s justification for passing HB150 is precisely the opposite.
Protecting our children is always a top priority. But under HB150, criminals may have the ability to walk free when evidence is uncovered without a proper warrant. Is this really how we want law-enforcement operating? Haphazardly, without the necessary approval of a judge? The best way we can prosecute criminals is by following the letter of the Utah and U.S Constitutions.
I wrote much about HB150 while it was being rammed through the legislature by the Attorney General’s office and the bill’s sponsors. I ask that you read my criticisms while considering your vote for these individuals and the governor who signed it into law.
Here is a list of the sponsors and “yes” votes for HB150.
Representative Bradley M. Daw
Representative Jackie Biskupski
Senator Margaret Dayton
Governor Gary Herbert
Representative Douglas C. Aagard, Representative Sheryl L. Allen, Representative Johnny Anderson, Representative Roger E. Barrus, Representative Jim Bird, Representative Melvin R. Brown, Representative Brad L. Dee, Representative John Dougall, Representative Jack R. Draxler, Representative Rebecca P. Edwards, Representative Ben C. Ferry, Representative Janice M. Fisher, Representative Julie Fisher, Representative Lorie D. Fowlke, Representative Craig A. Frank, Representative Gage Froerer, Representative Kerry W. Gibson, Representative James R. Gowans, Representative Richard A. Greenwood, Representative Keith Grover, Representative Christopher N. Herrod, Representative Gregory H. Hughes, Representative Fred R. Hunsaker, Representative Don L. Ipson, Representative Christine A. Johnson, Representative David Litvack, Representative Rebecca D. Lockhart, Representative Steven R. Mascaro, Representative Kay L. McIff, Representative Ronda Rudd Menlove, Representative Carol Spackman Moss, Representative Merlynn T. Newbold, Representative Michael E. Noel, Representative Curtis Oda, Representative Patrick Painter, Representative Kraig Powell, Representative Paul Ray, Representative Phil Riesen, Representative Jennifer M. Seelig, Representative Kenneth W. Sumsion, Representative Evan J. Vickers, Representative Brent C. Wallis, Representative Christine F. Watkins, Representative Curt R. Webb, Representative Ryan D. Wilcox, Representative David Clark
Senator Stuart Adams, Senator Curtis S. Bramble, Senator D. Chris Buttars, Senator Allen M. Christensen, Senator Jon J. Greiner, Senator Lyle W. Hillyard, Senator David P. Hinkins, Senator Scott K. Jenkins, Senator Patricia W. Jones, Senator Peter C. Knudson, Senator Daniel R. Liljenquist, Senator Karen W. Morgan, Senator Wayne Niederhauser, Senator Ralph Okerlund, Senator Jerry W. Stevenson, Senator Dennis E. Stowell, Senator John L. Valentine, Senator Michael G. Waddoups