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	<title>Comments on: To Republican and Democrat State Delegates</title>
	<atom:link href="http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/feed/" rel="self" type="application/rss+xml" />
	<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/</link>
	<description>Fast Forward the Future</description>
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		<title>By: Tim Carter</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41739</link>
		<dc:creator>Tim Carter</dc:creator>
		<pubDate>Fri, 16 Apr 2010 15:27:24 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41739</guid>
		<description>Hey Pete, AG Mark Shurtleff committed to go on KVNU FTP radio show next Thursday: http://twitter.com/MarkShurtleff

I was wondering if you could call in and talk about HB 150 with him?  I listened to his interview with Doug Wright before the vote, and in my opinion, misrepresented it.  I&#039;d really love to hear someone front him on this issue, especially while he is grandstanding on the health care issue.  I&#039;ve yet to hear him debate this with someone who understands what the bill really means.</description>
		<content:encoded><![CDATA[<p>Hey Pete, AG Mark Shurtleff committed to go on KVNU FTP radio show next Thursday: <a href="http://twitter.com/MarkShurtleff" rel="nofollow">http://twitter.com/MarkShurtleff</a></p>
<p>I was wondering if you could call in and talk about HB 150 with him?  I listened to his interview with Doug Wright before the vote, and in my opinion, misrepresented it.  I&#8217;d really love to hear someone front him on this issue, especially while he is grandstanding on the health care issue.  I&#8217;ve yet to hear him debate this with someone who understands what the bill really means.</p>
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		<title>By: Pete Ashdown</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41733</link>
		<dc:creator>Pete Ashdown</dc:creator>
		<pubDate>Thu, 15 Apr 2010 19:08:33 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41733</guid>
		<description>DougB - The Reps that voted against it are listed on my blog &lt;a href=&quot;http://peteashdown.org/journal/2010/02/26/hb150-passes-house/&quot; rel=&quot;nofollow&quot;&gt;in this entry&lt;/a&gt;.  The Senate votes are &lt;a href=&quot;http://le.utah.gov/~2010/status/hbillsta/hb0150s1.001s.txt&quot; rel=&quot;nofollow&quot;&gt;listed here&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>DougB &#8211; The Reps that voted against it are listed on my blog <a href="http://peteashdown.org/journal/2010/02/26/hb150-passes-house/" rel="nofollow">in this entry</a>.  The Senate votes are <a href="http://le.utah.gov/~2010/status/hbillsta/hb0150s1.001s.txt" rel="nofollow">listed here</a>.</p>
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		<title>By: Skyler Visconti</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41732</link>
		<dc:creator>Skyler Visconti</dc:creator>
		<pubDate>Thu, 15 Apr 2010 18:51:25 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41732</guid>
		<description>Pete, thank you for that post at 8:09 &lt;i&gt;in the morning&lt;/i&gt;. It sounds so much better than my failed 3am attempt to say the same thing.</description>
		<content:encoded><![CDATA[<p>Pete, thank you for that post at 8:09 <i>in the morning</i>. It sounds so much better than my failed 3am attempt to say the same thing.</p>
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		<title>By: DougB</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41731</link>
		<dc:creator>DougB</dc:creator>
		<pubDate>Thu, 15 Apr 2010 16:32:01 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41731</guid>
		<description>Pete,

Can you also publish the list of those who voted against it?  That was a tough one to vote on (because of how it was portrayed versus the actual consequences) and it took some courage to vote against it.</description>
		<content:encoded><![CDATA[<p>Pete,</p>
<p>Can you also publish the list of those who voted against it?  That was a tough one to vote on (because of how it was portrayed versus the actual consequences) and it took some courage to vote against it.</p>
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		<title>By: Pete Ashdown</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41728</link>
		<dc:creator>Pete Ashdown</dc:creator>
		<pubDate>Thu, 15 Apr 2010 15:32:38 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41728</guid>
		<description>I&#039;ve responded to hundreds of &lt;strong&gt;warrants&lt;/strong&gt; over the past 16 years.  Yes, they are used to request information.

&lt;a href=&quot;http://www.sltrib.com/ci_14451150&quot; rel=&quot;nofollow&quot;&gt;According to the Salt Lake Tribune&#039;s reporting&lt;/a&gt;, the AG has stated they have issued 200 subpoenas since this became law in 2009.

Privacy may not be directly mentioned in the Constitution, but my papers and effects are.  Do you agree that my customer information is amongst my papers and effects?

As for IPTV, we&#039;re working on it!</description>
		<content:encoded><![CDATA[<p>I&#8217;ve responded to hundreds of <strong>warrants</strong> over the past 16 years.  Yes, they are used to request information.</p>
<p><a href="http://www.sltrib.com/ci_14451150" rel="nofollow">According to the Salt Lake Tribune&#8217;s reporting</a>, the AG has stated they have issued 200 subpoenas since this became law in 2009.</p>
<p>Privacy may not be directly mentioned in the Constitution, but my papers and effects are.  Do you agree that my customer information is amongst my papers and effects?</p>
<p>As for IPTV, we&#8217;re working on it!</p>
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		<title>By: UtahMatters</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41726</link>
		<dc:creator>UtahMatters</dc:creator>
		<pubDate>Thu, 15 Apr 2010 15:18:36 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41726</guid>
		<description>Hi Pete, 

I too support our constitutional rights!  It is good to know that people still claim this on both sides of the party lines!  We do not all have to agree on how, but at least we agree on the importance of the constitution.

One of the necessities of the Federal Government is to &quot;provide for the common defence.&quot;  In carrying out this duty there will ALWAYS be rights given up by citizens.  You can not protect citizens, and and the same time leave everybody free.  Having said that I do not like to step too far in the direction of governmental intrusion into our privacy.  HOWEVER, privacy is not ever mentioned in the constitution.  I agree with you as far as saying that we need to be carefull.

I think that your post here, and others have been a little misleading.  I have not been able to find more than 1 subpoena that you have been served, yet you say hundreds ( I assume that you meant subpoena, not warrant, as warrants are not used for what you are referring to.)  I do not believe that you have responded to hundreds.  Maybe you meant to say that you are concerned that if the government steps too far in this direction, someday you could be faced with hundreds?  If we are going to talk about politics, and opinion, lets keep it honest so that all parties concerned have an accurate view of the real issues.

--- Off Topic ---
ps...  Please get video streams (i.e. TV) to us through UTOPIA in Utah county!  Bountiful does not deserve to be the only privilidiged ones!!!  lol...</description>
		<content:encoded><![CDATA[<p>Hi Pete, </p>
<p>I too support our constitutional rights!  It is good to know that people still claim this on both sides of the party lines!  We do not all have to agree on how, but at least we agree on the importance of the constitution.</p>
<p>One of the necessities of the Federal Government is to &#8220;provide for the common defence.&#8221;  In carrying out this duty there will ALWAYS be rights given up by citizens.  You can not protect citizens, and and the same time leave everybody free.  Having said that I do not like to step too far in the direction of governmental intrusion into our privacy.  HOWEVER, privacy is not ever mentioned in the constitution.  I agree with you as far as saying that we need to be carefull.</p>
<p>I think that your post here, and others have been a little misleading.  I have not been able to find more than 1 subpoena that you have been served, yet you say hundreds ( I assume that you meant subpoena, not warrant, as warrants are not used for what you are referring to.)  I do not believe that you have responded to hundreds.  Maybe you meant to say that you are concerned that if the government steps too far in this direction, someday you could be faced with hundreds?  If we are going to talk about politics, and opinion, lets keep it honest so that all parties concerned have an accurate view of the real issues.</p>
<p>&#8212; Off Topic &#8212;<br />
ps&#8230;  Please get video streams (i.e. TV) to us through UTOPIA in Utah county!  Bountiful does not deserve to be the only privilidiged ones!!!  lol&#8230;</p>
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		<title>By: Pete Ashdown</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41725</link>
		<dc:creator>Pete Ashdown</dc:creator>
		<pubDate>Thu, 15 Apr 2010 15:09:21 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41725</guid>
		<description>I find it hilariously ironic that you&#039;re anonymously responding with a defense.  If only I could issue an administrative subpoena to find out who my detractors were.  Maybe I&#039;ll talk to a court clerk across the street.  No wait... I support your right to be anonymous on the Internet and don&#039;t automatically assume or insinuate you are a criminal.

Your document supports the fact that it is unconstitutional.

1. Utah code 77-22-2.5 eliminated the constitutional demand for warrants.
2. Warrants have been used before and continue to be used by other states requesting the same information from Internet Service Providers.
3. Your document states that judges, clerks, and individual attorneys can issue subpoenas.  The problem is they can issue them INDEPENDENT of any third party oversight, like what a warrant requires.
4. &quot;We need to give law enforcement the ability to obtain an Administrative Subpoena quickly&quot;  &quot;the provider may choose to quash the subpoena which results in the AG or law enforcement agency having to go to court to prove a reasonable cause for the subpoena&quot; -  So you need information quickly, but the ISP can challenge your non-warranted request in court.  Sounds like you need a warrant.</description>
		<content:encoded><![CDATA[<p>I find it hilariously ironic that you&#8217;re anonymously responding with a defense.  If only I could issue an administrative subpoena to find out who my detractors were.  Maybe I&#8217;ll talk to a court clerk across the street.  No wait&#8230; I support your right to be anonymous on the Internet and don&#8217;t automatically assume or insinuate you are a criminal.</p>
<p>Your document supports the fact that it is unconstitutional.</p>
<p>1. Utah code 77-22-2.5 eliminated the constitutional demand for warrants.<br />
2. Warrants have been used before and continue to be used by other states requesting the same information from Internet Service Providers.<br />
3. Your document states that judges, clerks, and individual attorneys can issue subpoenas.  The problem is they can issue them INDEPENDENT of any third party oversight, like what a warrant requires.<br />
4. &#8220;We need to give law enforcement the ability to obtain an Administrative Subpoena quickly&#8221;  &#8220;the provider may choose to quash the subpoena which results in the AG or law enforcement agency having to go to court to prove a reasonable cause for the subpoena&#8221; &#8211;  So you need information quickly, but the ISP can challenge your non-warranted request in court.  Sounds like you need a warrant.</p>
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		<title>By: If only you knew what HB 150 really does</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41722</link>
		<dc:creator>If only you knew what HB 150 really does</dc:creator>
		<pubDate>Wed, 14 Apr 2010 21:37:40 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41722</guid>
		<description>HB 150 does NOT violate the constitution, in the state of Utah a subpoena is necessary before a warrant can be administered, this bill just allows the GA to administer that subpoena. Read this: http://docs.google.com/View?id=dfjtvcvv_3db7mwdfj</description>
		<content:encoded><![CDATA[<p>HB 150 does NOT violate the constitution, in the state of Utah a subpoena is necessary before a warrant can be administered, this bill just allows the GA to administer that subpoena. Read this: <a href="http://docs.google.com/View?id=dfjtvcvv_3db7mwdfj" rel="nofollow">http://docs.google.com/View?id=dfjtvcvv_3db7mwdfj</a></p>
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		<title>By: The Utah Legislature Supports the 10th Amendment but not the 4th &#124; eransworld</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41721</link>
		<dc:creator>The Utah Legislature Supports the 10th Amendment but not the 4th &#124; eransworld</dc:creator>
		<pubDate>Wed, 14 Apr 2010 20:52:30 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41721</guid>
		<description>[...] whole rant was stirred by a post, I read today on Pete Ashdown’s blog… Go Pete [...]</description>
		<content:encoded><![CDATA[<p>[...] whole rant was stirred by a post, I read today on Pete Ashdown’s blog… Go Pete [...]</p>
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		<title>By: Skyler Visconti</title>
		<link>http://peteashdown.org/journal/2010/04/14/to-republican-and-democrat-state-delegates/comment-page-1/#comment-41720</link>
		<dc:creator>Skyler Visconti</dc:creator>
		<pubDate>Wed, 14 Apr 2010 18:10:34 +0000</pubDate>
		<guid isPermaLink="false">http://peteashdown.org/journal/?p=302#comment-41720</guid>
		<description>As a libertarian, I&#039;m offended that so many in places of power and trust would want to empower the government to side step the U.S. Constitution for ANY reason. Bills like HB150 make me worry that one day soon we may see a less science fiction version of Judge Dredd become reality. The goal of subpoenas is to ensure that we do not allow any agency of the government to have too much control. Allowing police departments to skirt the justice system is no less of a crime than to allow congress to side step the judicial system.

Our system was founded on laws, principles by which we as Americans hold dear. Our most basic of founding American values is held in the first 10 amendments, The Bill Of Rights, to which you as American legislators made an oath to uphold and protect. By signing such a bill you&#039;ve done more than insult those who&#039;ve come before you. You insulted our founding fathers, and insulted every man woman and child who&#039;s sacrificed in any way during our revolutionary war. Have you no shame?</description>
		<content:encoded><![CDATA[<p>As a libertarian, I&#8217;m offended that so many in places of power and trust would want to empower the government to side step the U.S. Constitution for ANY reason. Bills like HB150 make me worry that one day soon we may see a less science fiction version of Judge Dredd become reality. The goal of subpoenas is to ensure that we do not allow any agency of the government to have too much control. Allowing police departments to skirt the justice system is no less of a crime than to allow congress to side step the judicial system.</p>
<p>Our system was founded on laws, principles by which we as Americans hold dear. Our most basic of founding American values is held in the first 10 amendments, The Bill Of Rights, to which you as American legislators made an oath to uphold and protect. By signing such a bill you&#8217;ve done more than insult those who&#8217;ve come before you. You insulted our founding fathers, and insulted every man woman and child who&#8217;s sacrificed in any way during our revolutionary war. Have you no shame?</p>
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