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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."

6 of 234 comments (clear)

  1. And now by Anonymous Coward · · Score: 5, Insightful

    This is a case study in why you can't pass exceptional legislation aimed at exceptional crimes. Just because a crime is particularly repugnant does not mean that we should lay down our rights to try and stop it. Don't be so lazy, find a better solution.

    1. Re:And now by TheLink · · Score: 5, Insightful

      Laws should not be passed just based on how they are to be used.

      They should be passed based on how they can be abused. If there are too many ways they can be abused (or if the impact of abuse is high), they should not be passed.

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  2. Re:Yes, they are thinking of the children by hedwards · · Score: 5, Insightful

    Eh, you must be knew here. That's how fascism works. You trick people into voting for these sorts of morons by scaring the crap out of them by theoreticals and what ifs. Then you do whatever you need to to do to take their rights.

  3. Re:I'm no lawyer but.. by schwit1 · · Score: 5, Informative
    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.

  4. Re:I'm no lawyer but.. by Runaway1956 · · Score: 5, Informative

    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.

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    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  5. Re: Child abuse is the new Godwin. by JaredOfEuropa · · Score: 5, Insightful

    Exactly, and just as I predicted. Child abuse and kiddie porn should be added as a clause to Godwin's law when it comes to legislative discussions: sooner or later someone is going to bring up "The Children" to defend their side of the argument.

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    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...