Today the bill that extended warrantless demands for customer information from Internet Service Providers, HB150, was brought back as a substitute bill. It narrowed its scope to two crimes, child kidnapping and cyberstalking and threw some dogfood to ISPs who are afraid they might actually be held responsible for their actions.
It still remained a violation of Fourth Amendment rights, discriminatory against small ISPs, and filled with potential for abuse. All you need to be investigated for is cyberstalking before you are exposed on the Internet in Utah. Whistle blower? Political dissident? Afraid of discrimination? Pray your enemies don’t claim you are a cyberstalker in Utah, for the bill passed out of the House today, 48 – 20.
A representative who voted for the bill stated, “Crimes against kids that are happening through the Internet are not easy to combat because we can’t find who has these Web sites.” “All we’re asking for is the information so we can find out who we’re investigating — then we can pursue warrants.” Where does getting a warrant fail in getting information about ownership of websites? I can tell you one way, when it isn’t in the United States, otherwise a warrant works just fine. How about a minor’s identity on the Internet? Should that be open to any law-enforcement agent who can fill out a form? Is law-enforcement prescient about who is and who is not a minor on the Internet? Is that otherwise not worth protecting? Is it entirely possible that “information” about website ownership could harm a law-abiding citizen? This information is worth protecting, and it is protected by the Fourth Amendment.
This bill now goes to the senate. It will come before the Judiciary Committee, but I do not know when. I will post that here when I know. It also wouldn’t hurt to give your senator a heads-up on this bill and how you feel about it.
I extend my thanks to the courageous representatives who resisted the attorney general’s fear mongering and remembered that getting a warrant for information from anyone is an essential protection of our U.S. Constitution. You should thank them too: Trisha Beck, Laura Black, Rebecca Chavez-Houck, Stephen Clark, Tim Cosgrove, Susan Duckworth, James Dunnigan, Neil Hansen, Wayne Harper, Lynn Hemingway, Brian King, Todd Kiser, John Mathis, Marie Poulson, Stephen Sandstrom, Jay Seegmiller, Mark Wheatley, Larry Wiley, and Carl Wimmer.