Sunday, June 25, 2006

How Congress can protect our SSN# from identity theft.


For those of us who use the internet to pay bills, order pizza, and balance our checkbooks (ok I admit it, I never balance my account, I just look to see what checks have cleared, add the outstanding amounts, and hope there is enough to clear all the checks) we all are familiar with the security code or PIN.

My suggestion for congress is to create a SSN# pin creation that will allow each social security card holder add a personal PIN to their number. Then whenever an authorized request is made for this number, you must also know the PIN. Without the PIN, the number is useless. Banks and credit cards use PIN’s all the time and folks have gotten used to the practice. College students requesting student loans must apply for a special PIN to electronically sign their applications.

I would encourage the Congress to get this solution implemented ASAP, so the millions of vets and other workers of America can feel safer about their personal, private information.

Contract OK'd for 60 new F-22A Raptors

Hatch hails vote; planes to be serviced at HAFB
By Suzanne StruglinskiDeseret Morning News
WASHINGTON — The government will be able to use a three-year contract to buy 60 new F-22A Raptors, which would be serviced at Hill Air Force Base, thanks to an amendment approved Thursday by the Senate. Entering into a multiyear contract changes the normal annual procurement the government follows, and supporters say buying the planes in bulk will help save taxpayers up to $335 million. The Senate approved the change 70-28. Utah' Sens. Orrin Hatch and Bob Bennett, both Republicans, co-sponsored and voted in favor of the amendment. Hill maintains the planes. "It's common sense that you shouldn't pay more for an acquisition than you have to," Hatch said. "Everyone agrees that the Air Force should have these 60 Raptors, and we'll save millions by buying in bulk now." Hatch said the additional planes will bring more jobs to Hill Air Force Base. "The Air Force knows that when they want a job done right, they need to come to Utah," Hatch said in a statement. "For depot maintenance, no one comes close to Hill."

Sen. Saxby Chambliss, R-Ga., offered the amendment. Lockheed Martin, the prime contractor for the plane, has a final assembly plant Georgia. The Air Force has committed to buying 122 planes. So far, 72 planes have been delivered, according to Lockheed Martin. "This is not about spending money, it's about saving money, and it's about good acquisition practices and policy," Chambliss said on the Senate floor. He said the savings could be reallocated to other programs in the Defense Department or returned to the taxpayers. He said the government knows it is going to buy the 60 planes over the next three years but the question is how it will buy the planes. He said he expects a high standard for a multiyear contract and that this contract would save the same amount of money as other multiyear contracts Congress has approved in the past. The Government Accountability Office came out with a report Tuesday saying "the Air Force has not demonstrated the need or value for making further investments in the F-22A program" and suggested delaying any further purchase of planes. It estimated the multiyear contract would cost $1.724 billion. Chambliss said the GAO report contains "frankly false factual information" and said the multiyear contract satisfies the requirements needed to be approved. Opponents, including Sen. John McCain, R-Ariz., and Senate Armed Services Committee Chairman John Warner, R-Va., said it was not the right time to enter into multiyear contracts.
E-mail: suzanne@desnews.com

Friday, June 23, 2006

A Victory for Anonymous Blogging?

Recent Events have brought this issue to the attention of Utah Bloggers. In all cases to this point that have been litigated, the person who sought the identity was a public figure. Does your right of free speech allow you to attack the credibility, or allow you to slander a non public person. Should you be able to slam your neighbor, or anyone else for that matter and call it free speech? Several test cases that may answer these questions are in the works. Below is an article by Daniel J. Solve that seems to address the issue for public elected officials.

October 08, 2005
A Victory for Anonymous Blogging
posted by Daniel J. Solove
Anonymous bloggers received a great victory this week in a case decided by the Delaware Supreme Court -- Doe v. Cahill (Oct. 5, 2005). The case involved John Doe, who anonymously posted on a blog statements about Patrick Cahill, a City Councilman of Smyrna, Delaware. Doe, in criticizing Cahill’s job performance, noted that Cahill had “obvious mental deterioration” and was “paranoid.” Cahill sued Doe for defamation.
Doe was anonymous, but his IP address could be linked to his postings, and Cahill sought to obtain Doe’s identity from Comcast, Doe’s ISP. Comcast notified Doe that Cahill was seeking his identity, and Doe immediately went to court to prevent the disclosure of his identity. The case reached the Delaware Supreme Court, which concluded that Cahill should not be permitted to obtain Doe’s identity.
The issues in this case are very important. Many of you comment here anonymously; and many comment anonymously on other blogs. Some have anonymous blogs, such as the person pretending to be Supreme Court nominee Harriet Miers on a blog or the pseudonymous “Article III groupie,” who maintains the famous blog, Underneath Their Robes. EFF has produced a manual about how to blog anonymously.
What if your identity – and those of the Miers impersonator and Article III groupie -- could readily be unmasked?
The First Amendment provides for a right to speak anonymously. It does so because without anonymity, people might be chilled in saying certain things. But what happens when anonymous speakers defame people or invade their privacy? Those injured people should be able to sue. This issue has been a difficult one for courts, which have tried to balance a person’s free speech rights to speak anonymously with the injured plaintiff’s rights to proceed with a lawsuit.
Many courts have adopted a heightened pleading standard before a plaintiff can learn the identity of an anonymous speaker. The prevailing standard is that the plaintiff must be able to present a strong enough case to survive a motion to dismiss, but that standard is relatively easy to satisfy. Only really frivolous cases will fail.
The Delaware Supreme Court adopted a different balance, one that I applaud. It requires that a plaintiff, suing for defamation, must satisfy a summary judgment standard in order to unmask the identity of the anonymous speaker. In this case, Cahill was a public figure, and to prevail in a defamation lawsuit, he had to prove that (1) Doe made a defamatory statement (damaging to Cahill’s reputation); (2) the statement was concerning Cahill; (3) the statement was published (disseminated to others); (4) others would understand the statement to be defamatory; (5) the statement was false; and (6) Doe made the statement with actual malice (he either knew it was false or acted in reckless disregard of the truth).
The Court concluded that Cahill must satisfy the summary judgment standard relating to most of these elements. That means that Cahill must show that there’s a genuine issue of material fact about these issues. In other words, he must show enough evidence to justify why he should proceed to a jury on these issues.
The Court made an exception to this rule for the sixth element – actual malice. With the other elements, they can readily be proven without knowing the identity of who said the statement. But the actual malice element depends upon the motivation of the speaker – and it is here where knowing the speaker’s identity is essential in order to determine whether the speaker had actual malice or not.
This approach strikes me as a very sensible way to balance protecting anonymous speech and allowing plaintiffs to pursue defamation lawsuits.
Posted by Daniel J. Solove at October 8, 2005 12:30 AM

Thursday, June 15, 2006

Protect and Defend our Borders

I posted this in 2004. It's still revelant today, and would actually solve several issues. Now with our National Guard doing this job, it makes even more sense.


Identification — I have been pondering recently about the Immigration proposal presented by President Bush, and how this does little to protect our southern boarders. Additionally we need the creation of a National ID / Work Card / Drivers License for all non US citizens. This would eliminate the practice of illegal aliens getting Driver’s Licenses in Utah, then moving to another state and getting a drivers License there using the Utah License as ID. Any non US citizen when pulled over for a traffic citation would present their ID card and this would alert the police that this person is not a US citizen, and they should do a little more checking before just writing a citation and letting them go. As for driving, when they can demonstrate in the state of their jurisdiction the ability to pass both a written and practical test, their ID cards would be embossed with driving privileges from that state. This must be accomplished in 90 days upon arrival to the US. This would allow tourists visiting the US to be able to rent cars while here in the US without this restriction.

Border Security — I would propose the creation of a "USA Foreign Legion" run and administered by the US Marine Corps. This force would recruit foreign nationals to enlist for 4 years. After successfully completing the normal Marine Corps Training program (failure of this training program would return them to the country of origin) they would be trained for a new Horse Calvary unit that would be stationed all along the southern border. Although fully armed for any situation, these forces would be specially trained to intercept, and control border incursions using high tech non lethal measures. Those illegal aliens intercepted would be photographed and fingerprinted, then after processing they would be immediately flown by Chinook helicopter back over the border to a deportation base in Mexico. Utilizing the old US Army training manuals for the upkeep of the animals, feeding, grooming, etc will keep these troops fairly busy. After successfully serving a 4 year stint in the legion, they would be given fast track status for US citizenship. They could choose to re-enlist into the regular Army, or continue with this force. This force also could be deployed anywhere in the world for peacekeeping proposes, reserving our shock fighting forces for quick deployment. Coordinated ops with military helicopter units along the boarder directing the cavalry forces to the locations of incursion, these forces by utilizing infrared and other Military technology would finally secure our southern boarder. The benefits to the US would be a bilingual force that is familiar with the region, creates an avenue to US citizenship, and they are trained soldiers who are proud to be part of the US military. Upon honorary discharge they could enter the US civilian status with the education and tools to be successful in life.

Mark

Monday, June 12, 2006

Our Delegation had better say no to a fourth seat

Our Delegation had better say no to a fourth seat!

I may be cynical but I’m not stupid. What the heck is congress thinking about? A voting seat for Washington DC would be a total disaster, even if Utah was given a carrot of a 4th seat early. That’s right folks, Utah will get a 4th seat anyway maybe even a 5th if growth continues in Washington county.

In 2012 after the 2010 census we will get 4 anyway so what’s the hurry. I know, I know seniority right, but who would that likely new Representative be? An average joe like Rob Bishop, not likely. We are talking about a state wide race here (at large) and this will make the field very small who can afford a pre-convention state wide race for the GOP nomination.

Because lets face it folks, who ever wins this nomination, after the 2011 redistricting that the Legislature will orchestrate will be set for life. The districts will be redrawn to try again to remove Matheson, but the other 3 will be solid GOP until the Millennium.

But what really troubles me is this is totally UNCONSTITUTIONAL! One of the best explanations comes from


Government & Constitution
Why D.C. Representation in Congress Is Unconstitutional
by Rep. Candice MillerPosted Jun 12, 2006



Congress' Exclusive JurisdictionThough well-intentioned, this legislation is, above all, unconstitutional. The Constitution explicitly declares that representation in Congress can be granted only to states. Article 1, Section 2 states that "Representatives ... shall be apportioned among the several states..." Accordingly, the District of Columbia is currently represented in the House of Representatives not by a member of Congress, but instead by an elected delegate who can participate in debate and vote in committee but cannot vote on the House floor. The same goes for other American non-state territories that are comprised of American citizens, including Puerto Rico and Guam.Becoming a state is the only means by which the District of Columbia could gain a seat in the House of Representatives, and in order to pursue statehood, D.C. would first need the Constitution to be amended. The District of Columbia is unique among all other non-state territories, because Article 1, Section 8 of the Constitution gives Congress exclusive jurisdiction "in all cases whatsoever" over the District of Columbia. Congress would need to be relieved of all responsibility for the district in order for the district to pursue statehood, and until such an amendment to the Constitution is passed, there will always be a question as to the constitutionality of a potential D.C. representative.

So should this issue come up for a vote in either body of congress, I expect all the Utah delegation to vote this down. If not, you are not upholding your oath to protect and defend the constitution of the United States.

Mark

Sunday, June 11, 2006

Anonymous Blog Owners and Anonymous Blog Comments should be ignored!


I read with great interest the following article from Charley Foster’s Blog http://utahbeehive.blogspot.com/ . Since my wife is a 3L at the University of Utah Law School we both find his blog informative and more importantly fact based. As many of you know who read the papers, I have been involved in some legal issues that hopefully will be settled this coming week. Unfortunately the other party involved felt it necessary to involve the media in this matter and that has drawn the interest of several blog sites who have chosen to post articles and allowed anonymous comments that have been totally false or pure speculation.

From Charley Fosters Blog
Friday, June 02, 2006

"bloggers not liable for anonymous comments on their blogs

...at least in the Eastern District of Pennsylvania. Some time ago I wrote that the pre-emption clause of Section 230 of the Communications Decency Act ought to block such claims, and here the U.S. District Court held exactly that, saying the act overrides the traditional treatment of publishers under statutory and common law". - Dimeo v. Max (pdf)

Two local blogs in particular http://utahconservative.blogspot.com/ and http://www.slcspin.com/ have chosen to post false information or pure speculation and allow anonymous comments full of lies and innuendo that have been hurtful to both myself and my family to be posted on their sites.

In my opinion no Blog owner should be anonymous. Why should someone who posts articles about other persons or public policy hide behind a cloak of secrecy? In the case of Ethan Millard’s slcspin the pure garbage that is posted on this site should be taken to the dump and buried.

A recent post from The Fly http://www.flyonthewall.us/blog/index.php on the slcspin site has caused a real firestorm within the GOP leadership.

I find it interesting that Steve Devore has finally come clean and admitted his involvement with this site. I really think the owner of Utah Conservative should do the same.

What I find most interesting with Steve Devore’s The Fly Blog is one of his most recent posts.

"No More Anonymous CommentsThe Fly has allowed anonymous comments on his blog. As he has read the comments, many of the comments have been somewhat scurrilous in nature and some have been downright untrue. Effective immediately, the Fly will require people who want to make comments to identify themselves with their full names and e-mail addresses. We’ll follow the same letter-to-the-editor principles of the major newspapers that require the writers to identify themselves.
If you want to provide anonymous tips for investigation, you can still do so. These tips are the lifeblood of the Fly. These tips will not be published but will be investigated and then reported if there is something there. The tipsters will never be identified."

This is the exact reason why my Blog site does not allow anonymous comments. If you are not brave enough to use you real name when you post a comment or own a Blog site, of what real value are your postings?

I would say worthless

Mark E. Towner
Proud Owner and Identified Poster always of the Political Spyglass

Saturday, June 10, 2006

Victims of Crash Praised

Weather may have led to deaths; recovery efforts to resume today

By Sara IsraelsenDeseret Morning News
PROVO — The three Utah County men who died when their plane went down in Utah Lake Thursday night were men of integrity who lived their lives to the fullest, friends and family say.

Keith Johnson, Deseret Morning News
Standing near a recovered piece of plane, Cynthia Clements holds her husband, Eric, at Utah Lake State Park Friday. Thursday's plane crash killed three men, one of whom was a co-worker of Clements. Bad weather has hampered search efforts. Meanwhile, efforts were to resume today to recover the bodies of pilot Blaine Pugmire, 31, Springville; Alpine's Harold "Les" McGuire, 35; and Ray Hooper, 35, Mapleton. And investigators said they will continue to piece the "puzzle" together to determine a cause for the crash that occurred long after the Provo airport control tower had shut down for the night and in an area where radar coverage is poor. The loss of the three men is a huge blow not only to family members but the community in general, said Kyle Nelson, who worked with McGuire and Hooper in their financial consulting company, Producer Revolution, as well as other business ventures, including Engenuity. "If any men were to be part of the news, (these) are men with honor and integrity and a message that could save the world," said Nelson, executive vice president of Engenuity. "The intellectual property they have — their contribution to society can't even be measured." The men worked as financial educators, teaching skills for creating profitable, productive lives, Nelson said. Pugmire, an experienced pilot, had been hired to take the men to and from speaking engagements. The three friends were returning from a conference in St. George Thursday night when their plane went down near the Provo airport. The Utah County Sheriff's Office suspects weather might have been a factor in the crash. "We are taking so many things into factor," Utah County Sheriff's Sgt. Dennis Harris said. "It's like putting a puzzle together." Storms blew in across the county Thursday night and Friday, with heavy winds, patchy rain and ominous clouds. Bad weather continued to be an issue in the recovery efforts, as searchers were pulled off the lake several times Friday because of high winds and waves. The effort was suspended Friday evening and was expected to resume this morning around 6 a.m., Harris said, when searchers will begin investigating several points of interest identified Friday.

The Federal Aviation Administration and National Transportation Safety Board are also conducting parallel investigations, hoping to find a cause for the crash. Their investigation might take weeks, possibly even months, said William Hughes, an FAA inspector who was on site. The air control tower at Provo Municipal Airport is only manned between 7 a.m. and 9 p.m. The last contact with the plane was made by Salt Lake Center Air Control, which received word from Pugmire that the plane was on final descent about 11:30 p.m. Radar coverage in Utah County is limited, as there is no radar system at the Provo facility and the radar in Salt Lake City cannot pick up objects lower than 8,000 feet in the Provo area, according to the FAA. The first indication of trouble came when Pugmire's wife, Nicole, called Provo police around 3:50 a.m. Friday. She was worried because her husband was hours late checking in with her, which he always does, family members said. The call was transferred to the Utah County Sheriff's Office and they tried to find a signal from the plane. When they couldn't find one, they began searching Utah Lake around 6 a.m. with personal watercraft and later with dive teams and sonar-equipped boats. All three men had young families. Pugmire has three children under 4, and his wife is expecting the couple's fourth child next month. Pugmire's family described him as a wonderful father and husband and a stickler for flying perfection. "(Flying) was his passion, this was his love," said Pugmire's uncle, Rex Pugmire. He said his nephew had accumulated more than 2,000 flying hours, had flown commercially and was a corporate pilot. "We know where Blaine's at," said Rex Pugmire, crediting the family's faith for the peace they felt. "It's unsettling to see a plane coming in in pieces, but at the same time we're reassured."

Keith Johnson, Deseret Morning News
Friends and co-workers of the three men who died in Thursday night's plane crash grieve at the Utah Lake State Park marina during search efforts Friday. Underwater sonar equipment helped searchers find crash debris, but stormy weather hindered visibility. The same storm that might have played a role in the crash kept the water churning Friday, making visibility difficult for rescuers from the Utah, Summit and Wasatch County Sheriff's offices as well as individuals from Utah State Parks and Cross International Diving. But with the underwater sonar equipment, officials continued to bring in red- and gold-painted chunks of the Lance Air single-engine turboprop, including the tail piece and a wing. By Friday afternoon, the debris field had grown to nearly a mile and a half in each direction from the center — located about 2 miles west-northwest of the Utah Lake State Park and the Provo Boat Harbor, Harris said. The Red Cross arrived late Friday morning bringing comfort to the family and friends in the form of pizza, burgers and drinks — all donated by from local businesses. "Food is a comfort," said Katrina Pope, director of emergency services for the Provo Red Cross. "(It also shows) the community cares about them."
Contributing: Jeremy Twitchell
E-mail: sisraelsen@desnews.com

List of Hot Utah Bloggers


Aaron Toponce: PThree.org
Brandon Dayton: Merril Brandon
Charley Foster: The State of the Beehive
Christer Edwards: Development Blog
Clint Savage: Nitwit Circus Tracks
Corey Edwards: zmonkey.org - Those crazy monkeys
Dan Hanks: Brainshed Blog
Dave Fletcher: Dave Fletcher’s Government and Technology Weblog, v. 2.0
Dave Smith: Dave’s Blog
Dax Kelson: Dax’s Blog
Democracy for Utah: Democracy for Utah
Derek Carter: Goozbach’s Tech Tips
Doran Barton: FozzilinyMoo.org
Elijah Newren: Elijah’s Blog
Erin Sharmahd: TuxGirl.com
Gabriel Gunderson: gundy dot org
Gary Thornock: Gary Thornock’s Weblog
Hans Fugal: The Fugue
Harley Pig: HarleyPig’s Stall On The Web
Inside Utah: InsideUtah.com
Jacob Fugal: Jacob’s Blog
Jared Smith: jsmith’s blog
Jason Hall: [ jayce ] RSS Feed
Jeremy Votaw: Jeremy Votaw
Jesse Stay: Stay N’ Alive
Jim Knowlton: Beehive Donkey
JMD: Utah Centralist
John Dougall: Dynamic Range
Jordan Gunderson: Jordy Blog
Joseph Hall: blog.josephhall.com
KCPW’s Midday Metro: KCPW’s Midday Metro
Ken: Oblogatory Anecdotes
Kevin Tew: Entrepreneurship: Life Long Learning
Kyle Brantley: Boredom
Lamont Peterson: Peregrine
Lars Rasmussen: Musings from Lars
Lee Jensen: Serenity Now!
Liberty for Utahns!: Liberty For Utahns!
Lonnie Olson: Kittypee
Marc Christensen: Mecworks
Mister E: AgoraCart & E-commerce News, Updates and More - Mister Ed’s Corner
One Utah: One Utah
Pat Eyler: On Ruby
Paul Rolly: GenRolly Speaking (Paul Rolly)
Pete Ashdown: Pete Ashdown’s Campaign Journal
Peter Bowen: Peter A. Bowen
Phil Windley: Phil Windley’s Technometria
Richard K. Miller:Richard K Miller dot coooooooooom
Rob Latham: Rob Latham’s blog
Rob Merrell: Robdor The Burninator
Rob Miller: The Utah Amicus
Scott Morris: SUSE Linux Rants
Scott Paul Robertson: Spr — The Ramblings
Stephen Shaw: Decriptor’s Blog
Steve Dibb: steve’s blog
Steve Spigarelli: spig.net
Steve Urquhart: Steve Urquhart
Stuart Jansen: Stuart’s Blog
Tristan Rhodes: The Open Source Advocate
Utah Conservative:Utah Conservative
Utah Senate: The Senate Site
Von Fugal: Blog von RSS

Thursday, June 08, 2006

Could us Guy's Survive this episode of "Survivor"

Six married men will be dropped on an island with one car and 3 kids each for six weeks. Each kid will play two sports and either take music or dance classes. There is no fast food. Each man must take care of his 3 kids; keep his assigned house clean, correct all homework, complete science projects, cook, do laundry, and pay a list of "pretend" bills with not enough money. In addition, each man will have to budget in money for groceries eachweek. Each man must remember the birthdays of all their friends and relatives, and send cards out on time. Each man must also take each child to a doctor's appointment, a dentist appointment and a haircut appointment. He must make one unscheduled and inconvenient visit per child to the Urgent Care (weekend, evening, on a holiday or right when they're about to leave forvacation). He must also make cookies or cupcakes for a social function. Each man will be responsible for decorating his own assigned house, planting flowers outside and keeping it presentable at all times.The men will only have access to television when the kids are asleep and all chores are done.There is only one TV between them, and a remote with dead batteries. Each father will be required to know all of the words to every stupid song that comes on TV and the name of each and every character on cartoons. The men must shave their legs, wear makeup daily, which they will apply to themselves either while driving or making three lunches. Each man will have to make an Indian hut model with six toothpicks, atortilla and one marker; and get a 4 year old to eat a serving of peas. Each man must adorn himself with jewelry, wear uncomfortable yet stylishshoes, keep their nails polished and eyebrows groomed. The men must tryto get through each day without snot, spit-up or barf on their clothing.During one of the six weeks, the men will have to endure severe abdominal cramps, back aches, and have extreme, unexplained mood swings but never once complain or slow down from other duties. They must try to explain what a tampon is for when the 6-yr old boy finds it in the purse. They must attend weekly school meetings, church, and find time at least once to spend the afternoon at the park or a similar setting. He will need to read a book and then pray with the children each nightwithout falling asleep, and then feed them, dress them, brush their teeth and comb their hair each morning by 7:00. They must leave the home with no food on their face or clothes. A test will be given at the end of the six weeks, and each father will be required to know all of the following information: each child's birthday, height, weight, shoe size, clothes size and doctor's name. Also the child's weight at birth, length, time of birth, and length oflabor, each child's favorite color, middle name, favorite snack,favorite song, favorite drink, favorite toy, biggest fear and what they want to be when they grow up.They must clean up after their sick children at 2:00 a.m. and then spend the remainder of the day tending to that child and waiting on them handand foot until they are better. They must have a loving, age appropriate reply to, "You're not the bossof me."The kids vote them off the island based on performance.The last man wins only if...he still has enough energy to be intimate with his spouse at a moment's notice. If the last man does win, he can play the game over and over and over again for the next 18-25 years...eventually earning the right to be called Mother!