Utah Considers Warrantless Internet Subpoenas

seneces writes "The Utah State Legislature is considering a bill granting the Attorney General's Office the ability to demand customer information from Internet or cell phone companies via an administrative subpoena, with no judicial review (text of the HB150). This represents an expansion of a law passed last year, which granted that ability when 'it is suspected that a child-sex crime has been committed.' Since becoming law, last year's bill has led to more than one non-judicial request per day for subscriber information. Pete Ashdown, owner of a local ISP and 2006 candidate for the US Senate, has discussed his position and the effects of this bill."

Comments

Would still need a reason to request the data

[CubicleView]

Not that I agree with the bill, but the summary obviously left out important details.

His amended bill limits the power to suspected felonies and two misdemeanors -- cyber-stalking and cyber-harassment

Re:I'm no lawyer but..

[schwit1]

The Patriot Act made this SOP at the federal level for anything related to a terrorism investigation. My guess is the same standard will soon apply to child porn investigations.

Under the Patriot Act, FBI agents may issue National Security Letters to obtain comprehensive financial and communications records about anyone, including people suspected of no wrongdoing and no connection to terrorists or foreign powers. To do this, the FBI merely needs to claim the information is relevant to an investigation. Anyone receiving one of these orders is prohibited by law from speaking about it to anyone else, except their attorney. The FBI issues tens of thousands of NSLs each year, most of them directed at U.S. citizens and lawful permanent residents.

"as if the Law never existed" is impossible

[Anonymous Coward]

http://www.associatedcontent.com/article/1044817/constitution_day_review_of_laws_recently.html?cat=37

"The Sun Sentinel reported this week that a Riviera Beach law prohibiting the wearing of pants low enough to expose underwear or skin was declared unconstitutional after three young men were arrested and jailed after police spotted their boxer shorts showing above their pant waists." -- you can't give back to those men the time they spent in jail.

"Two years ago a North Carolina court struck down as an unconstitutional infringement on liberty a 201 year old law prohibiting cohabitation by unmarried couples. From 1997-2006, there had been 36 arrests for violation of the state cohabitation law, according to USA Today." -- same.

It only takes a few moments on your preferred search engine to fine plenty of other past examples of people who have served time for "violation" of laws which were later found to be unconstitutional.

Re:I'm no lawyer but..

[Runaway1956]

There has been a tool in most states since long before 9/11, allowing the cops to come into your house and search at any time, with or without a warrant. Your friendly local game commission dude is a member of law enforcement. He accompanies many raids, here in Arkansas. The laws regarding game are considered "special". If the game commission thinks you've poached a deer, they can come in, search your house, and find it, at gunpoint, all without a warrant. The cops want to make a drug bust? No warrant necessary. Just call the game warden, tell the warden there's some suspicion that some guy poached a deer, and, oh yeah, there may be drugs and/or guns in the house, so we'll accompany you for "protection".

Few people seem to realize that the erosion of rights has been going on for decades, rather than just the past nine years.