If these names had been connected to individuals, the American Revolution may have never happened. If these names had not written letters, handbills, columns and essays under pseudonyms, the public may not have come together against the tyranny of the British crown.

John Adams estimated that his cousin Samuel Adams used between 50 and 100 pseudonyms from the beginning of the American Revolution to its end. Samuel Adams himself said there were too many to count. If the pen is mightier than the sword, anonymity is its shield. Transparency is the key to accountability in government and law-enforcement. If that accountability can only come through the anonymity of a whistle-blowing citizen, then so be it. How many dissidents in Iran wish to have their names connected to their Twitter accounts right now? There is no difference between an anonymous blogger and someone handing out paper 245 years ago. The Fourth Amendment was written for this reason.

If I was a gun maker in revolutionary America, a list of my customers would be valuable information for the British. Would that list be included in my “papers and effects”? What makes the same information recorded by computer on a hard drive any different? The founding fathers demanded warrants be issued with very specific instructions because they had been subjected to the tyranny of inspections and seizures without cause or notice. New technologies do not require the reduction of old protections.

The Attorney General’s office has been twisting arms on the senate floor in a full court press to get HB150 through. The way this bill has been rammed through the House and committee meetings is evidence in itself that something is askew. Representatives of the AG’s office have not only discounted that I am the only Internet Service Provider protesting this bill, they have insinuated that I knowingly harbor child pornographers.

The last line of defense from the AG is that HB150 is actually good for Internet Service Providers. That ISPs can easily refuse an administrative subpoena and fight it in court. I’m not sure how going to court to defend my customers’ Fourth Amendment rights is actually easier than law-enforcement following the letter of the Constitution. I can tell you the latter costs me a lot less time and money.

Enlarging law-enforcement powers by writing a bill with “child predators” at the top is an easy task. What legislator in their right mind is going to stand against that? They aren’t going to be praised for upholding our constitutionally protected liberties, they’re going to be eviscerated for being soft on the lowest form of criminal. This is how these administrative subpoenas snuck out of government as an internal tool between departments and into our daily lives as a bypass of U.S. and Utah Constitutions. The justification is made that this type of information request has been upheld in the courts as constitutional. The Fourth Amendment is a single sentence made up of 54 words. In spite of these judicial opinions, I read warrantless requests for any amount of information as otherwise. With the constant cry that activist judges are shredding our constitution, it is up to our legislature to affirm our rights. They have repeatedly done so on the 2nd and 10th Amendments this session. They cannot turn around and punch a hole right through the 4th just because the Attorney General claims it’s easy.

Thank you to The Eagle Forum, The Sutherland Institute, The Salt Lake Tribune Editorial Board and The Utah Association of Criminal Defense Lawyers for publicly opposing this bill.

If you do one thing today, call or write the Utah Senate.

In any case, it will be heard tomorrow morning at 7:30 AM in 415 State Capitol.

Call and write the committee members now.

Senator Curtis S. Bramble Cell: (801) 361-5802
Senator Margaret Dayton Home: (801) 221-0623
Senator Brent Goodfellow Cell: (801) 556-4871
Senator Lyle Hillyard Office: (435) 752-2610
Senator Scott Jenkins Office: (801) 621-5412
Senator Howard Stephenson Office: (801) 972-8814

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.

As for the rest, mail them a copy of this and keep them in your memory around election time.

113        (7) There is no cause of action against any provider or wire or electronic
114 communication service, or its officers, employees, agents, or other specified persons, for
115 providing information, facilities, or assistance in accordance with the terms of the
116 administrative subpoena issued under this section or statutory authorization.

Which essentially means they won’t hold the ISP liable for violating your privacy without a warrant. How sweet of them. However, this was not in any of my original concerns. It remains unconstitutional and should not be passed.

“Brad Daw and the AG’s office spoke to me late in the afternoon about their desire to bring HB 150 back in a slimmed down version that they believe will get the votes to pass. Instead of expanding the scope of the investigative activities to all felonies, they want to include two specific crimes above and beyond what the current statute includes: kidnapping of a child and cyberstalking.”

My response is, “Fine, get a warrant.” What part of the Fourth Amendment do Representative Daw and Attorney General Shurtleff not understand? These crimes are surely heinous, but do not preclude the need for a warrant. Judges are available 24/7 to sign warrants for information. Why are they insistent on sidestepping the Constitution to get information from Internet Service Providers?

Therefore, I congratulate Senator Hatch on holding a real town-hall meeting. Please keep it up Senator. I’ll be the first in line when you do one in Salt Lake County.

Nevertheless, Representative Matheson had the chance to help write the ACES bill in favor of Western renewable energies, but chose not to do so. His vote against the healthcare bill only exacerbated Democrats who have long hated his middle-of-the-road positions. As a result, a number of people, driven by Tim DeChristopher, have been pushing for me to run against Jim Matheson. Here is why I won’t.

1. A Democrat who is more to the left than Jim Matheson could probably easily win a primary, maybe even settle this in convention, but in the end would lose the general election. I can think of no other county that exemplifies this more than Carbon County. This was traditionally a Democratic stronghold in Utah, but has gone Republican over the past decade. In 2006, Jim Matheson received 3,658 votes in Carbon County. In spite of canvassing Carbon County extensively and knocking on a few thousand doors, I received 2,255 votes. Conversely, Orrin Hatch rarely visits and received 2,408. I don’t see how deposing Jim Matheson would endear me to 1400+ people who otherwise voted for Senator Hatch.
2. I don’t live in the 2nd Congressional District. There is is nothing legally preventing me from running to represent a district I don’t live in. Thanks to the Utah Legislature, I can cross all three of Utah’s congressional districts on my morning run, because I live in Salt Lake City. Representative Jason Chaffetz was able to oust Chris Cannon on the Republican side without living in the 3rd district. However for a Democrat, this would be fuel on the fire for the GOP challenger living in the district.
3. In spite of Matheson’s votes, he is still warming a seat on the Democratic side of the aisle. 2010 is going to be Republicans trying to capitalize against President Obama’s agenda. Although I haven’t ruled out running in 2010, I don’t want to be contributing to the inevitable losses the Democratic party is going to face. If I was running instead of Matheson, the national GOP would pour resources into the race not because they care about Utah, but because they want their majority back.
4. In 2006, the Deseret News ran a poll on favorability ratings of Utah politicians. Matheson came out #1, higher than then Governor Jon Huntsman. Having him in office is a good thing for other Utah Democrats trying to get elected.
5. The Matheson family remains committed to Democratic causes and candidates here in Utah. I want to receive their help rather than their scorn when I run again.

One individual who asked me to run wanted my opinion as to whether it is a waste of time to try and oust Matheson. Being concerned and active with your government is never a waste of time. However, I think there are bigger fish to fry for Utah Democrats than one who still claims he is in our party.

Alan Turing

Alan Turing was gay. Due to this, he was convicted by a British court in 1952 and given the choice of either going to prison, or taking forced estrogen injections. He chose the latter and committed suicide two years later at the age of 41. Although it was widely known Turing was gay during World War II, he was too valuable to the war effort for them to act upon their anti-homosexual laws until after the war was over.

I have to wonder what contributions were lost due to the unjust treatment of Alan Turing.

The English have long had the tradition of leaving petitions on the step of their Prime Minister’s office at 10 Downing Street. This is a tradition that has been updated to take advantage of the Internet. It would be appropriate if our government institutions followed suit. I’ve never been a fan of online petititions, because I think they are widely ignored. The English model of not only respecting them, but hosting them, gives the idea much more weight.

A 10 Downing Street petition was started demanding an official apology for the treatment of Alan Turing. On Thursday, Prime Minister Gordon Brown issued an official apology. It is worth reading.

• Legislators are prohibited from spending campaign funds on non-campaign personal expenses.
• Legislators are prohibited from contributing to one another’s campaigns with money from their own campaign funds.
• Legislators cannot be paid lobbyists during their terms of office or for 2 years thereafter.
• Legislators and their family members cannot accept gifts from paid lobbyists, such as meals, Jazz tickets, and golf fees. Gifts do not include light refreshments of negligible value.
• Legislators, when in doubt, can ask for a written opinion by the Commission that determines in advance whether an action contemplated by the legislator would violate the Code of Conduct.
• Legislators are prohibited from making threats, intimidating, or improperly interfering with or obstructing the duties and decisions of the courts and other employees of state government who are exercising the duties of their offices.
• Legislators are prohibited from accepting donations to their campaigns from corporations, non-profits, partnerships, and unions.
• Contributions to a legislator’s campaign funds are limited to $2500 per individual and $5000 per PAC in any 2-year election cycle.
• Money remaining in a legislator’s campaign account that is not spent within 5 years in a subsequent election campaign by the same legislator is transferred to the State School Fund or a Commission-selected-and-approved charitable organization of the legislator’s choice.
• Legislators must file forms annually (with the Ethics Commission) which disclose financial and business interests that could create potential conflicts of interest. The disclosures will be available to the public. As under current law, legislators must file reports with the Lt. Governor of financial contributions they have received.
• Legislators cannot be members of corporate boards when their position as a legislator is a contributing factor in their board appointment and they receive compensation for serving.

Not surprisingly, some legislators don’t like the idea. Senator Sheldon Killpack, in a “Did you read the initiative?” moment said that an ethics commission is undemocratic, in spite of the fact that state governments have appointed commissions since the dawn of state governments. Killpack says, “You’re putting a lot of control into one person’s hands…” Were that only true. The five member commission is appointed by the leadership of the legislature, drawn at random from a pool of 20 independent-minded citizens who are chosen by unanimous agreement of the president of the Senate, speaker of the House, and the two minority leaders of the Utah Legislature.

Ironically, Senator Killpack co-chaired the committee that was unable to establish ethics review on their own. The reason being fear that bogus ethics violations could be politically motivated. In other words your neighbors might send over a cleaning and repair team to your house because they are hoping you’ll be evicted for neglect.

I support Utahns for Ethical Government and their ballot initiative. I hope you will too.