Representative
Bradley M. Daw
District 60
Party R
Email: bdaw@utah.gov
Born: February 7
Spouse: Laura
Address: 842 E 280 S, OREM, UT 84097
Home Phone: Work Phone: Cell Phone: 801-850-3608
I sent him a e-mail and actually received a response. Here is the text of my e-mails and his replies with edits to remove my personal information.
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Dear Rep. Daw,
Today I was deeply offended and appalled to see the article in The Deseret News concerning HB0150. This bill is a clear violation of a citizen's Fourth Amendment right to due process. American citizens should not be subjected to warrant-less searches, and that is exactly what HB0150 does. The law first passed last year was restricted to child-sex crimes, now you want to change it to be restricted to felonies, e-stalking and e-harassment (both are misdemeanors).
What is next, warrant-less searches for supporters of your political opposition? Warrant-less searches of non-Mormons? Can you not see how this law can be abused and the very slippery slope you are on? I thought that republicans were suposed to be opposed to this sort of big government intrusion?
I urge you to reconsider your support for this bill, both on a moral and constitutional grounds.
Thank you,
K
Ogden, UT
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K,
Citizens are not being subjected to warrantless searches. Citizens aren't being searched at all. All that the subpoena can do is request a phone company or internet service provider to supply the name and address of the account owner of a phone number or IP address. The bill narrowly defines what information can be requested of the business and requires that any subpoena issued has to be put on file with the Commission for Criminal and Juvenile Justice for later review. This is no slippery slope but is, I believe, an appropriate response to anonymity afforded criminals who use the internet and cell phones to commit crime.
Brad Daw
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Rep. Daw,
First, I do honestly appreciate that you took the time to reply to me in such a timely manner. When I sent this e-mail I honestly did not expect it to even reach your eyes. Thank you.
Now, I must respectfully disagree about this not being a slippery slope. First the law was restricted to one of the worst crimes possible, child-sex crimes. Now you are broadening the law to all felonies and two misdemeanors. Originally you wanted this bill to encompass all crimes. If this bill gets passed then it would be a simple matter for someone to come by next year and amend the law to broaden the it more.
Also, I consider my personal information to be part of me. I consider obtaining this information, including bank records, without judicial review or my consent, to be a violation of my privacy.
Thank you again for taking the time to read my e-mail and reply to me. Now, I must again urge your to reconsider your support of this bill.
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K,
Bank records is a misreport in the Tribune. The bill allows the AG to obtain the method of payment to the provider, not bank records. Let me walk you through the safeguards that are in place.
1. Very limited scope of what can be requested on the subpoena.
2. At least three people in the AGs office have to sign off on it.
3. A copy of the subpoena must be filed with CCJJ for later audit.
4. The provider is free to refuse the subpoena at which point it would have to be ajudicated.
5. This power has been exercised by the federal government for decades with no evidence of abuse.
6. This power has been exercised by the federal government for decades with no constitutional challenge.
7. This can only be used for felonies or two specific misdemeanors.
8. If there is any hint of abuse, ISPs could complain to the legislature and the law would be repealed in one quick hurry and the AG would very well know that.