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<title>Techdirt. Stories filed under &quot;utah&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;utah&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 2 May 2013 08:46:00 PDT</pubDate>
<title>Woman Prosecuted For Filming Slaughterhouse From The Road In Utah; Public Backlash Leads To Quick Reversal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130430/22344822901/woman-prosecuted-filming-slaughterhouse-road-utah-public-backlash-leads-to-quick-reversal.shtml</link>
<guid>http://www.techdirt.com/articles/20130430/22344822901/woman-prosecuted-filming-slaughterhouse-road-utah-public-backlash-leads-to-quick-reversal.shtml</guid>
<description><![CDATA[ We've written a few times now about so-called <a href="http://www.techdirt.com/articles/20130410/01513722653/states-continue-to-make-photographing-taping-farms-crime.shtml">ag gag laws</a> that have been pushed by lobbyists for the farm industry for <a href="http://www.techdirt.com/articles/20110226/12463213279/new-legislation-to-protect-farmer-ip-would-make-it-felony-to-photograph-farms.shtml">years now</a>.  The bills are pretty ridiculous, often making it illegal to videotape or photograph an agricultural operation.  While many people talked about how ridiculous the prosecutions would be under those bills, supporters insisted that the bills were really only for cases where activists were doing something really egregious.  In Utah, which has one of these bills, during the debate over the bill, the Utah Sentencing Commission warned that it could be used against anyone who merely photographed a farm.  In response, Rep. Greg Hughes said: "Who would really pursue that in terms of prosecution?"  Well, now we have an answer: <a href="http://www.greenisthenewred.com/blog/first-ag-gag-arrest-utah-amy-meyer/6948/" target="_blank">the local prosecutor in Draper, Utah</a> (which, coincidentally, appears to be the district Rep. Hughes represents.
<br /><br />
As pointed out by <a href="http://www.bitsaboutbytes.com">Mike Eber</a>, a woman named Amy Meyer used her mobile phone camera to video tape what was happening at the Dale Smith Meatpacking Company, which she could see from the street.  Dale Smith, it should be noted, also happens to be the mayor of Draper.  Another coincidence, I'm sure.
<blockquote><i>
When the slaughterhouse manager came outside and told her to stop, she replied that she was on the public easement and had the right to film. When police arrived, she said told them the same thing. According to the police report, the manager said she was trespassing and crossed over the barbed-wire fence, but the officer noted &#8220;there was no damage to the fence in my observation.&#8221;
<br /><br />
Meyer was allowed to leave. She later found out she was being prosecuted under the state&#8217;s new &#8220;ag-gag&#8221; law.
This is the first prosecution in the country under one of these laws, which are designed to silence undercover investigators who expose animal welfare abuses on factory farms. The legislation is a direct response to a series of shocking investigations by groups like the Humane Society, Mercy for Animals, and Compassion Over Killing that have led to plant closures, public outrage, and criminal charges against workers.
</i></blockquote>
Of course, as soon as this story started getting publicity, prosecutors suddenly decided that perhaps this wasn't a case to take a stand on and quickly <a href="http://www.greenisthenewred.com/blog/amy-meyer-charges-dropped/6998/" target="_blank">dropped the charges</a>.  Of course, the law is still on the books (as are similar laws in a number of other states) and it's entirely possible similar cases may pop up elsewhere, when there's less publicity and press coverage.<br /><br /><a href="http://www.techdirt.com/articles/20130430/22344822901/woman-prosecuted-filming-slaughterhouse-road-utah-public-backlash-leads-to-quick-reversal.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130430/22344822901/woman-prosecuted-filming-slaughterhouse-road-utah-public-backlash-leads-to-quick-reversal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130430/22344822901/woman-prosecuted-filming-slaughterhouse-road-utah-public-backlash-leads-to-quick-reversal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ag-gag-gagged</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130430/22344822901</wfw:commentRss>
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<item>
<pubDate>Tue, 5 Mar 2013 14:10:00 PST</pubDate>
<title>Turns Out The NSA Doesn't Really Want Drop-In Visitors (With Cameras) At Their New Utah Spy Facility</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130305/03134422200/turns-out-nsa-doesnt-really-want-drop-in-visitors-with-cameras-their-new-utah-spy-facility.shtml</link>
<guid>http://www.techdirt.com/articles/20130305/03134422200/turns-out-nsa-doesnt-really-want-drop-in-visitors-with-cameras-their-new-utah-spy-facility.shtml</guid>
<description><![CDATA[ The NSA's new super digital spying facility in Bluffdale, Utah got plenty of <a href="http://www.techdirt.com/articles/20120317/00381118147/terrifying-look-into-nsas-ability-to-capture-analyze-pretty-much-every-communication.shtml">attention</a> about a year ago, thanks to a detailed article in Wired Magazine by James Bamford that <a href="http://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/all/1" target="_blank">revealed many details</a> of the center's existence.  Last week, on something of a whim, Forbes reporter Kash Hill, who was nearby for another reason, <a href="http://www.forbes.com/sites/kashmirhill/2013/03/04/nsa-utah-data-center-visit/" target="_blank">decided to just drive up to the facility</a> to see what she could see.  It turns out that it was surprisingly easy to drive right up to the parking lot (though she later realized she had missed two small signs, saying that the road was private and that trespassing was not allowed). Still, you'd think that the place, even while (or perhaps especially while) under construction, wouldn't be that easy to access.  Amusingly, it appears that whoever the NSA hired to program their entrance sign has a sense of humor:
<center>
<a href="http://imgur.com/g4a9SOL"><img src="http://i.imgur.com/g4a9SOL.jpg" width=450 /></a>
</center>
However, the guards who eventually came to see what Hill was doing didn't have quite the same sense of humor, asking her repeatedly to delete all the photos she had taken, and taking her ID (and that of the other person in the car who, thankfully, happened to be a knowledgeable lawyer who was able to speak up for their rights).  You can read the entire harrowing tale at that link above, but Hill is eventually allowed to leave, though she did agree to delete a couple images that showed the license plate on a guard SUV, realizing that she just wanted to get out of there.  The whole story is a bit surreal.<br /><br /><a href="http://www.techdirt.com/articles/20130305/03134422200/turns-out-nsa-doesnt-really-want-drop-in-visitors-with-cameras-their-new-utah-spy-facility.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130305/03134422200/turns-out-nsa-doesnt-really-want-drop-in-visitors-with-cameras-their-new-utah-spy-facility.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130305/03134422200/turns-out-nsa-doesnt-really-want-drop-in-visitors-with-cameras-their-new-utah-spy-facility.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>though-they're-a-bit-confused-about-it-all</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130305/03134422200</wfw:commentRss>
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<item>
<pubDate>Wed, 27 Jun 2012 15:51:00 PDT</pubDate>
<title>Why You Can't Braid Someone's Hair In Utah For Money Without First Paying $16k</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml</link>
<guid>http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml</guid>
<description><![CDATA[ The common wisdom that you'll often hear is that industries hate regulations, and would prefer deregulation.  And, in certain areas that's definitely true.  But, in others, industries <i>want</i> regulation -- but not for a good reason.  It's because legacy players realize two things: (1) they can often "control" the regulatory process (hello regulatory capture) to twist it to their own advantage and (2) it's a <i>really</i> handy way to limit competition.  We just recently wrote about some of the more ridiculous factors concerning <a href="http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml">teaching certifications</a>.  Lots of people pushed back in the comments arguing -- correctly -- that just because someone knows something, it doesn't mean they're a good teacher.  But... there's another point that we made in the post that many of those people ignored: just because you "certify" teachers, it doesn't mean they're any better at teaching.  In fact, as our post noted, the research has shown no noticeable difference between certified and uncertified teachers.  So you can make the argument all you want that certification is somehow "needed," but if that certification doesn't seem to help at all, it's wise to at least question the certification process.
<br /><br />
The same Planet Money folks who brought us that story recently did a <a href="http://www.npr.org/blogs/money/2012/06/22/155596305/episode-381-why-its-illegal-to-braid-hair-without-a-license" target="_blank">podcast</a> and a <a href="http://www.nytimes.com/2012/06/17/magazine/so-you-think-you-can-be-a-hair-braider.html?_r=3&#038;ref=magazine&#038;pagewanted=all" target="_blank">NY Times article</a> on another example of regulatory ridiculousness.  This one involved a woman who had built a small business braiding the hair of African children in Utah.  The woman, Jestina Clayton, grew up in Sierra Leone, where she learned to braid hair, and when she ended up in Centerville, Utah, she discovered there was demand there, due to a large number of adopted African children, whose parents had no idea what to do with their hair.  Then, someone threatened to "report" her for practicing "cosmetology" without a license.  She checked it out and discovered that bizarre (but all too common) regulation made that true -- but to get her license she'd have to go to school for two years at a cost of $16,000.  All to braid hair.  And, even more ridiculous, none of the schools taught anything having to do with braiding hair like Clayton did.  It would be a pure waste.
<br /><br />
If you can, you should listen to the Planet Money podcast on this, because they actually get a spokesperson from the "Professional Beauty Association" try to explain why the government <i>must</i> regulate "professional beauty" practitioners before they kill again (well, only slight exaggeration).  She does go on and on about the "consumer safety issues" of the people she's supposedly representing.  My favorite risk?  "Open wounds."  From hair braiding?
<center>
<embed src="http://www.npr.org/v2/?i=155596305&#38;m=155607817&#38;t=audio" height="386" wmode="opaque" allowfullscreen="true" width="400" base="http://www.npr.org" type="application/x-shockwave-flash"></embed>
</center>
<br />
Either way, Clayton went before the (I'm not joking) <em>Barber, Cosmetology/Barber, Esthetics, Electrology and Nail Technology Licensing Board of Utah</em>, to try to convince them to let her braid without a license.  Apparently this became a big issue and "licensed cosmetologists" came out of the woodwork to argue against her -- and her request was denied.
<br /><br />
As the report notes: none of this is to necessarily say that all regulation is bad and that industries don't need some sort of regulation.  But, at the very least, if there is going to be regulation, shouldn't there be some evidence that it's (a) needed and (b) effective?  Because, somehow, I don't think that there's a big risk from a woman braiding some kids' hair in Utah.<br /><br /><a href="http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>regulatory-control</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120627/00031719500</wfw:commentRss>
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<item>
<pubDate>Wed, 11 Jan 2012 11:51:41 PST</pubDate>
<title>Once Again, SOPA Supporters Caught 'Copying' Others' Works In An Effort To Shut Down Sites For Copying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml</link>
<guid>http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml</guid>
<description><![CDATA[ It's really quite amazing how frequently those who support more draconian copyright laws seem to be caught up in ethically dubious copying.  We just had the example of the Hollywood astroturf group, CreativeAmerica, pretty blatantly <a href="http://www.techdirt.com/articles/20120110/10592617366/creativeamerica-copies-content-to-support-anti-copying-bills.shtml">"remixing"</a> an anti-SOPA email alert from Public Knowledge, and turning it into a pro-SOPA argument.  But this next one seems even worse.  SOPA supporters, such as <a href="http://blog.mpaa.org/BlogOS/post/2012/01/09/Utah-Leads-the-Way.aspx" target="_blank">the MPAA</a> and the very same <a href="https://www.facebook.com/creativeamerica#!/creativeamerica/posts/307625929281609" target="_blank">Creative America</a>, seemed overjoyed to point folks to <a href="http://www.sltrib.com/sltrib/opinion/53223603-82/sites-online-mark-products.html.csp" target="_blank">an opinion piece in the Salt Lake Tribune</a> by the state's attorney general, Mark Shurtleff, claiming to support SOPA and PIPA.
<br /><br />
Just one little tiny problem... there appears to be a fair bit of evidence that Shurtleff <a href="http://torrentfreak.com/rogue-attorney-general-spreads-mpaa-fed-sopa-propaganda-120110/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed:+Torrentfreak+%28Torrentfreak%29&#038;utm_content=Google+Reader" target="_blank">"copied" his work from elsewhere</a> and simply "remixed" the work of others.  TorrentFreak goes into great detail how many of the statements in the opinion piece supposedly written by Shurtleff, have appeared elsewhere from pro-SOPA folks.
<blockquote><i>
To back up this claim we will highlight a few sentences from the Attorney General&#8217;s article, and compare them with those previously delivered by the MPAA and affiliated pro-copyright groups.
<br /><br />
The first sentence that caught our attention is: &#8220;It will take a strong, sustained effort to stop Internet thieves and profiteers.&#8221;
<br /><br />
Strong words, but also familiar ones. In fact, former MPAA President Bob Pisano uttered exactly the same words in 2010 when he congratulated the Senate Judiciary Committee with unanimously approving the COICA bill, the predecessor to SOPA and PIPA.
</i></blockquote>
They go on to find lots of other rather complex phrases that show up in both Shurtleff's "new" opinion piece... and lobbying efforts from times past.  In fact, the whole thing seems like a classic "remix" -- cutting and pasting lots of works from elsewhere, and creating something "new" out of it.  Who knows if this reaches the legal standard for copyright infringement... but it certainly calls into serious question either the legitimacy of the op-ed... or, the competence of Shurtleff.  Once again, we think such remixing is good and should be allowed.  But it's pretty crazy to argue for laws like SOPA... and do so with what certainly sounds like plagiarized phrases from elsewhere.<br /><br /><a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>telling...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120111/04340817375</wfw:commentRss>
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<pubDate>Fri, 6 Jan 2012 14:32:55 PST</pubDate>
<title>Challenger To Senator Orrin Hatch, Pete Ashdown, Also Against SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120104/02353917271/challenger-to-senator-orrin-hatch-pete-ashdown-also-against-sopa.shtml</link>
<guid>http://www.techdirt.com/articles/20120104/02353917271/challenger-to-senator-orrin-hatch-pete-ashdown-also-against-sopa.shtml</guid>
<description><![CDATA[ In the comments of our recent post about another candidate for the House <a href="http://www.techdirt.com/articles/20111231/00293317246/another-candidate-campaigning-against-sopa-supporter-jack-arnold.shtml">using SOPA</a> as a campaign issue, one commenter pointed out that there's a Senate challenger likely to make SOPA an issue as well.  Pete Ashdown, who studied computer science and founded and ran an ISP in Utah for many years, is running against long-term incumbent Senator Orrin Hatch.  Ashdown, as you may recall, actually ran against Hatch six years ago as well, and was <i>really</i> good on tech related policies.  His <a href="http://peteashdown.org/issues/copyright.html" target="_blank">position statement on copyright</a> is a good read, focusing on how both copyright extension and the DMCA cause undue burden on the public:
<blockquote><i>
Congressional extensions on copyright have been repeatedly pushed by interested businesses to the point where the public interest is damaged. Copyright should protect artists and creators when they take action to request it. Instead, it is abused to the point that innovation is held back and very little falls into the public domain.
<br /><br />
The public has an interest in seeing works move into the public domain after a reasonable period has passed for commercial gain. Abandoned and orphaned works should default into the public domain instead of being locked up indefinitely.
<br /><br />
Legislation like the Digital Millenium Copyright Act (DMCA) strips the consumer of their rights to own and modify their purchased property. DMCA abuse has been leveraged against everything from real-estate listings to restricting competitors. If the DMCA had been present before this millennium, it is possible that Compaq would have never been able to reverse-engineer the IBM PC BIOS and jumpstart the personal computing revolution.
</i></blockquote>
While I don't know how recently it has been updated, it doesn't mention things like PIPA or SOPA.  However, Ashdown has <a href="https://twitter.com/#!/pashdown/status/136486469744336896" target="_blank">tweeted about the bills</a> and it appears he's not a fan.  Given that he actually used Hatch's ridiculous INDUCE Act (another bill that attempted to broadly expand copyright law) as a campaign issue in 2006, you have to imagine he'll use PIPA again this time around.  While he lost last time around, in 2006, very few people were paying attention to these issues.  This time around, as SOPA and PIPA are getting more attention, perhaps he'll get more attention.
<br /><br />
That said, as the same commenter noted, getting a Democrat elected in Utah is close to impossible.  Still, Ashdown was able to get over 30% of the vote on a shoestring budget, while many of these issues weren't making news.  At a time when these issues are making headlines, and outrage towards incumbents for being in the pockets of a few big businesses is at an all time high, could he actually mount a serious challenge?<br /><br /><a href="http://www.techdirt.com/articles/20120104/02353917271/challenger-to-senator-orrin-hatch-pete-ashdown-also-against-sopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120104/02353917271/challenger-to-senator-orrin-hatch-pete-ashdown-also-against-sopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120104/02353917271/challenger-to-senator-orrin-hatch-pete-ashdown-also-against-sopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>make-it-a-campaign-issue</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120104/02353917271</wfw:commentRss>
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<item>
<pubDate>Wed, 4 May 2011 09:56:27 PDT</pubDate>
<title>Utah Legislators Want Extra Tax For Owners Of Hybrid &#038; Electric Vehicles</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110502/02355714111/utah-legislators-want-extra-tax-owners-hybrid-electric-vehicles.shtml</link>
<guid>http://www.techdirt.com/articles/20110502/02355714111/utah-legislators-want-extra-tax-owners-hybrid-electric-vehicles.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=picklemonger">Pickle Monger</a> points us to the news that some Utah legislators are hoping pass new laws to <a href="http://www.sltrib.com/sltrib/politics/51715747-90/cars-electric-gas-hybrid.html.csp" target="_blank">add an extra fee for owners of hybrid and electric vehicles</a>.  The complaint is that those people don't spend as much (if anything) on gas, and thus don't pay gas taxes.  Of course, they're also not polluting the air quite as much, which was part of the point.  The article notes that other states are considering similar taxes and fees on those who buy such cars.   It's as if politicians don't recognize how incentives work...<br /><br /><a href="http://www.techdirt.com/articles/20110502/02355714111/utah-legislators-want-extra-tax-owners-hybrid-electric-vehicles.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110502/02355714111/utah-legislators-want-extra-tax-owners-hybrid-electric-vehicles.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110502/02355714111/utah-legislators-want-extra-tax-owners-hybrid-electric-vehicles.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>incentive-structure</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110502/02355714111</wfw:commentRss>
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<pubDate>Thu, 4 Mar 2010 10:20:00 PST</pubDate>
<title>Utah Wants To Own State Microbes; May Demand Royalty On Any Products Developed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100204/0236508049.shtml</link>
<guid>http://www.techdirt.com/articles/20100204/0236508049.shtml</guid>
<description><![CDATA[ This one's from about a month ago, but I can't find any info on whether or not the bill has gone anywhere.  It's yet another crazy proposal coming out of the Utah legislature, which seems to really lead the field in crazy proposals out of state legislatures.  This one, sent in by <a href="http://www.HappilyDomesticated.com">Kevin Cummings</a>, is about a proposed bill that would effectively grant Utah <a href="http://www.standard.net/topics/utah-legislature/2010/02/02/senate-bill-would-make-states-biodiversity-pay" target="_blank">control over the state's organisms/microbes</a>.  Seriously.  Apparently the legislator wants to create a <i>patent-like</i> regime that would force anyone to pay up if they made anything with Utah organisms:
<blockquote><i>
"If they're using Utah organisms, we think Utah as a state should benefit from royalties. Like a patent," said Sen. Lyle Hillyard
</i></blockquote>
Of course, that's a total bastardization of what a patent is for.  A patent is supposed to be a limited incentive to invent in an effort to promote the progress -- and, in exchange for the patent, you're supposed to teach the invention.  None of those other aspects apply to what Hillyard is discussing here.  There is no limit.  There is no incentive (if anything, it takes away incentives from doing stuff in Utah).  It doesn't promote progress (just giving money to the state) and there is no teaching or disclosure involved.  In other words, it has all of the worst parts of a patent and nothing good at all.  It's basically a blatant money-grab, highlighting the concept of ownership culture, where people try to claim ownership of things that cannot and should not be own-able.<br /><br /><a href="http://www.techdirt.com/articles/20100204/0236508049.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100204/0236508049.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100204/0236508049.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>all-your-bugs-are-belong-to-us</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100204/0236508049</wfw:commentRss>
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<item>
<pubDate>Tue, 2 Mar 2010 15:05:03 PST</pubDate>
<title>Utah Moves Forward On Plans To Let Attorney General Have All Sorts Of Info On Internet Users With No Judicial Oversight</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100302/0256448357.shtml</link>
<guid>http://www.techdirt.com/articles/20100302/0256448357.shtml</guid>
<description><![CDATA[ <a href="http://timjacobsen.net/">Tim</a> writes in to let us know of a proposal in the state legislature in Utah (known for passing some bizarre internet related legislation in the past) that would <a href="http://www.sltrib.com/News/ci_14455173" target="_blank">grant prosecutors stunning freedom to spy on internet users</a> without much oversight.  Specifically, the bill would let prosecutors in the Attorney General's office demand names, addresses, phone numbers, and bank information from mobile phone operators and ISPs -- without a judge reviewing the request.  Last year, apparently, the legislature passed a similar law that was just limited to sex-related crimes -- and prosecutors are now requesting info under that law approximately once per day, which seems like a pretty high number.  The new law was originally intended to cover all crimes, but was limited to felonies as well as cyberstalking and cyberharassment claims (which, again, seem broad).  It seems quite likely that such a law would be greatly abused.
<br /><br />
Of course, the politicians supporting this claim that it's necessary to keep people safe: 
<blockquote><i>
"If we charge our law-enforcement folks with trying to protect us and trying to catch these people," [sponsor of the bill, Rep. Brad] Daw said, "we need to always be trying to review the capabilities these criminals have and the tools technology gives to them and make sure we have adequate tools in place."
</i></blockquote>
Except that makes no sense.  Prosecutors could get a judge to grant a subpoena already.  Why do they need to do this with no judicial review?  This isn't about protecting people and catching criminals.  You already had a process to do that.  It's just that it had oversight.  So what's the excuse for taking away the oversight?<br /><br /><a href="http://www.techdirt.com/articles/20100302/0256448357.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100302/0256448357.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100302/0256448357.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-this-won't-be-abused?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100302/0256448357</wfw:commentRss>
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<pubDate>Wed, 15 Apr 2009 13:06:00 PDT</pubDate>
<title>Utah Senate President Looks To Sue Jack Thompson For Continual Spam</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090415/0205414517.shtml</link>
<guid>http://www.techdirt.com/articles/20090415/0205414517.shtml</guid>
<description><![CDATA[ Disbarred lawyer Jack Thompson, made famous for never missing an opportunity to blame violent video games for any sort of violent activity (despite a near total lack of evidence to support this), has focused his post-lawyer life on trying to get states to pass anti-violent video game laws.  Of course, this has been a tough slog.  Utah appeared to be his only hope, but even that state eventually <a href="http://www.techdirt.com/articles/20090326/1833064271.shtml">vetoed</a> the bill, noting that it didn't make much sense.  Thompson, who is known as a prolific emailer, has apparently been emailing Utah politicians quite a bit since this decision came down, and now the President of the Utah Senate (who supported the Thompson's bill) is <a href="http://www.gamepolitics.com/2009/04/14/utah-senate-president-wants-prosecute-jack-thompson-under-can-spam-act" target="_new">threatening to go after Thompson using CAN SPAM anti-spam laws</a>, telling Thompson:
<blockquote><i>
I asked you before to remove me from your mailing list.  I supported your bill but because of the harassment will not again.  If I am not removed I will turn you over to the AG for legal action.
</i></blockquote>
Can't wait to see Thompson claim that this is all part of the conspiracy of video game fans against him.  Clearly, the video gamers have somehow brainwashed the President of the Utah Senate...<br /><br /><a href="http://www.techdirt.com/articles/20090415/0205414517.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090415/0205414517.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090415/0205414517.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>with-friends-like-these...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090415/0205414517</wfw:commentRss>
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<pubDate>Thu, 26 Mar 2009 23:14:41 PDT</pubDate>
<title>Utah Governor Vetoes Video Gaming Law, Noting Unintended Consequences And Likely First Amendment Issue</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090326/1833064271.shtml</link>
<guid>http://www.techdirt.com/articles/20090326/1833064271.shtml</guid>
<description><![CDATA[ Well, this is a surprise.  A bunch of folks have sent in the news that Utah's governor <a href="http://www.gamepolitics.com/2009/03/25/breaking-utah-governor-vetoes-video-gamemovie-bill" target="_new">vetoed the video game retail bill</a> that had <a href="http://www.techdirt.com/articles/20090315/1655564120.shtml">zoomed</a> through the legislature.  State after state after state has passed similar laws, all of which have been thrown out by the courts as being unconstitutional.  In this case, the law would have other unintended consequences, including that it gives incentive for stores to <i>not have a policy</i> on selling violent video games to minors -- because liability only comes in if they had a policy.  Yet, many state governments continue to pass such laws, knowing that they're a waste of taxpayer money to defend, because they want to make it look like they're "protecting the children."  That's why it's great to see the governor veto the bill while pointing out a clear recognition of how pointless it would be to pass the law:
<blockquote><i>
While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the First Amendment.
<br /><br />
The industries most affected by this new requirement indicated that rather than risk being held liable under this bill, they would likely choose to no longer issue age appropriate labels on goods and services.
<br /><br />
Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children's potential exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant majority of vendors.
</i></blockquote>
Even the Salt Lake City Tribune is now trashing the legislature for pushing this bill forward and <a href="http://www.sltrib.com/opinion/ci_11995266" target="_new">praising the governor</a> for rejecting it:
<blockquote><i>
 Whew. Gov. Jon Huntsman rightly vetoed House Bill 353, which would have given voluntary media-industry ratings of movies, DVDs, video games, CDs and even books the weight of law and made sellers responsible for enforcing them.
<br /><br />
Somehow, this misguided piece of legislation zoomed through the Legislature with hardly an opposing vote, and, we suspect, without a thorough vetting.... In their misplaced zeal to limit access to media they don't like, our legislators might have eliminated the very tools parents need to set limits on what their children see and hear. We dodged a bullet on this one. Having misfired badly, the Legislature should not bring it up again. 
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20090326/1833064271.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090326/1833064271.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090326/1833064271.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>saving-taxpayer-money</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090326/1833064271</wfw:commentRss>
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<pubDate>Fri, 20 Mar 2009 00:39:00 PDT</pubDate>
<title>Utah Allows Elected Official To Lobby... And Vote For Bill Her Company Is Pushing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090319/0227384177.shtml</link>
<guid>http://www.techdirt.com/articles/20090319/0227384177.shtml</guid>
<description><![CDATA[ Tim already covered some of the <a href="http://www.techdirt.com/articles/20090315/1451054118.shtml">problems</a> with Utah's repeated attempts to ban (or greatly limit) keyword advertising on trademarked terms.  However, there were two separate disturbing issues related to this, <a href="http://blog.ericgoldman.org/archives/2009/03/utah_hb_450_die.htm" target="_new">both brought up by Eric Goldman</a>, that seemed worth discussing.  Both involve two of the legislators who voted on the bill.  The first, Rep. S. Clark, voted against the bill, but for flabbergasting reasons.  You see, it wasn't that he disliked the idea that companies would be blocked from advertising on competitive keywords, it was because he wanted to pin all the liability on Google:
<blockquote><i>
"We should be going after the Googles that are creating this problem. They're the villains." .... "If we're going to use the strength and resources of the state to go after businesses, then we ought to go after the business that is causing the harm. ... We ought to go after the Googles with the state's resources and reputation."
</i></blockquote>
Then, there's Rep. Jennifer "Jen" Seelig, who voted for the bill.  But, that shouldn't be surprising.  You see, even though she's an elected official in the state legislator, she's <i>also</i> still employed as a registered lobbyist for 1-800 Contacts, the company that has been pushing the bill.  Apparently that sort of conflict of interest isn't seen as a problem in Utah.<br /><br /><a href="http://www.techdirt.com/articles/20090319/0227384177.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090319/0227384177.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090319/0227384177.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>utah-politics-at-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090319/0227384177</wfw:commentRss>
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<pubDate>Tue, 17 Mar 2009 17:13:27 PDT</pubDate>
<title>Mostly Toothless Video Game Bill Passes the Utah Legislature</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20090315/1655564120.shtml</link>
<guid>http://www.techdirt.com/articles/20090315/1655564120.shtml</guid>
<description><![CDATA[ The Utah legislature has seemed strangely <a href="http://www.techdirt.com/articles/20090315/1451054118.shtml">obsessed</a> with technology issues this session. Perhaps spurred on by a <a href="http://www.techdirt.com/articles/20090124/1312413519.shtml">questionable BYU study</a> on the problems created by video games, the Utah legislature has <a href="http://www.gamepolitics.com/2009/03/12/breaking-utah-senate-passes-video-game-bill">passed</a> a bill <a href="http://www.gamepolitics.com/2009/03/13/did-utah-senate-work-jack-thompson039s-playbook-pass-video-game-bill">promoted by disgraced lawyer and anti-videogame activist Jack Thompson</a> to regulate the sale of video games to minors. The good news, as Ars Technica <a href="http://www.techdirt.com/articles/20090124/1312413519.shtml">reports</a>, is that the law was largely defanged during the legislative process. Under the final version of the bill, retailers would not be liable for selling M-rated video games to minors if they'd put their employees through a training program. They'd also not be liable if the children had gotten the games by lying about their age. With that said, there's still plenty to object to here. For starters, the legislation punishes retailers for failing to follow their published policy on video game sales. That means that a retailer that has a strong policy against selling to minors will face more liability if it breaks that policy than a retailer that doesn't have such a policy. This could have the perverse effect of <i>discouraging</i> retailers from adopting strong policies against selling violent video games to children. It will also force a lot of retailers to put their employees through "training" programs that may be completely unnecessary. But probably the most serious problem with this legislation is that it may be an opening wedge for future regulation of video game sales. Expect the same interest groups that pushed this legislation through to come back in future years with bills that would close the "loopholes" in this year's legislation.<br /><br /><a href="http://www.techdirt.com/articles/20090315/1655564120.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090315/1655564120.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090315/1655564120.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>where-are-the-regulations-against-silly-regulations?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090315/1655564120</wfw:commentRss>
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<pubDate>Mon, 16 Mar 2009 16:32:42 PDT</pubDate>
<title>Who Says Users Don't Want Competitors' Ads in Search Results?</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20090315/1451054118.shtml</link>
<guid>http://www.techdirt.com/articles/20090315/1451054118.shtml</guid>
<description><![CDATA[ <p>A couple of years back we <a href="http://techdirt.com/articles/20070402/204542.shtml">noted</a> that the Utah legislature was considering legislation that would have banned companies from buying search ads related to their competitors' brand names. EFF and others <a href="http://www.eff.org/deeplinks/archives/005185.php">said</a> the law was likely unconstitutional, but the legislature passed it anyway. The legislation was such a disaster that last year the Utah legislature <a href="http://googlepublicpolicy.blogspot.com/2008/03/comparative-keyword-ads-ok-in-utah.html">repealed it.</a> Incredibly, despite all the negative publicity the 2007 bill received, and despite <a href="http://www.techdirt.com/articles/20070427/163151.shtml">assurances</a> from legislators that they'd learned their lesson, the backers of the legislation haven't given up. This year they introduced yet another bill restricting keyword advertising that passed the Utah House but <a href="http://blog.ericgoldman.org/archives/2009/03/utah_hb_450_die.htm">died in the Utah Senate</a> a few days ago. Given the tenacity of the bill's sponsors&mdash;1-800-Contacts is reportedly the leading backer of the proposal&mdash;the proposal may very well come back in future years.</p>

<p>Proposals to regulate keyword advertising have come in for a lot of criticism, but one person who's willing to defend the  Utah proposal is Harvard's Ben Edelman. He <a href="http://www.benedelman.org/news/030909-1.html">argues</a> that the Utah bill is necessary to avoid consumer confusion. He suggests that when consumers search for a trademarked term (say, "Hertz"), they're expecting to see search results related to that company, not to the company's competitors. He argues that if a consumer really wanted results from a variety of different companies, she would have chosen a generic term like "car rental" rather than a specific brand name. But James Grimmelmann <a href="http://laboratorium.net/archive/2009/03/10/ben_edelman_gets_it_wrong_on_utah_hb_450">points out</a> a couple of problems with this reasoning. First, it shows an awfully low opinion of the intelligence of the average consumer. More importantly, there are circumstances where a consumer <i>wants</i> to see ads for a firm's competitors. For example, a consumer may be considering buying a particular company's products, but might want to check out that company's competitors before making her decision. Searching for that company's name is a quick and easy way to find out which other companies consider themselves to be in the same market. In contrast, the customer may not know which generic terms precisely describe that company's market. In Grimmelmann's example, it might be easier to ask for all companies in the same market as "Godiva" or "Hershey's", rather than having to describe precisely which segment of the chocolate market we're interested in.</p><br /><br /><a href="http://www.techdirt.com/articles/20090315/1451054118.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090315/1451054118.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090315/1451054118.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>complex-markets</slash:department>
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<pubDate>Thu, 14 Feb 2008 10:14:00 PST</pubDate>
<title>Utah Law Proposed To Hide Police Misconduct So It Doesn't Get On YouTube</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080213/225240253.shtml</link>
<guid>http://www.techdirt.com/articles/20080213/225240253.shtml</guid>
<description><![CDATA[ It's really fairly amazing to see how people react when bad activities are brought to light.  A few times now, we've seen stories of students who were able to film inappropriate activity from <a href="http://www.techdirt.com/articles/20050303/0141231_F.shtml">teachers</a> or <a href="http://www.techdirt.com/articles/20071218/224449.shtml">principals</a> with their mobile phones.  Rather than recognizing the activity as whistleblowing, the schools in question responded by banning mobile phones.  In other words, rather than fix the problem, the schools chose to cover it up so future problems wouldn't get exposed.  It appears something along those lines may be happening on a larger scale in the state of Utah.  After a video showing questionable police activity involving a taser  showed up on YouTube, state senator Chris Buttars has introduced legislation that would <a href="http://www.kutv.com/content/news/local/story.aspx?content_id=49094c36-ec83-4306-954a-eca063c62693" target="_new">allow police to withhold any reports concerning police misconduct from the public</a> (found via <a href="http://digg.com/politics/New_Bill_To_Allow_Police_Misconduct_Be_Hidden_From_Public">Digg</a>).  That's because the whole reason the taser video made it to YouTube was because the victim filed a Freedom of Information Act request for it.  So now, rather than deal with stopping police misconduct, it appears supporters of this legislation would simply prefer that no one knows about it.  It might be worth noting that this comes at about the same time as new reports of a <a href="http://www.abcnews.go.com/GMA/story?id=4282823&#038;page=1">police officer suspended</a> for inappropriate activity -- which was brought to light via YouTube.<br /><br /><a href="http://www.techdirt.com/articles/20080213/225240253.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080213/225240253.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080213/225240253.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>blame-the-victim</slash:department>
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