, 00:00:06:24 ,It's going to be an exciting time.
, 00:00:08:07 ,We've got a lot to talk about.
, 00:00:10:26 ,I'll kick it off with a little bit of introductions.
, 00:00:12:25 ,We'll talk about what we're going to do.
, 00:00:14:01 ,I'll hand it over to Dan.
, 00:00:16:15 , DANIEL ZOLNIKOV: My name is Daniel Zolnikov.
, 00:00:19:01 ,I'm a representative out of the state of Montana.
, 00:00:21:05 ,I serve in the state of Montana in Helena.
, 00:00:22:22
, 00:00:24:02 ,(applause).
, 00:00:25:07 ,I'm a politician, so I don't expect that
, 00:00:28:03 ,until you figure out what we're trying to do.
, 00:00:29:23
, 00:00:32:05 ,So we'll see.
, 00:00:32:11
, 00:00:38:22 ,Real quick, why I ran for office is because I don't like how
, 00:00:41:11 ,the game works.
, 00:00:45:15
, 00:00:51:26 ,You'll see what we try to do on behalf of people, not special interest.
, 00:00:52:09
, 00:00:54:03 ,A side note is that I still have a Blackberry,
, 00:00:56:21 ,so hopefully it's the one thing that won't be hacked
, 00:00:59:07 ,during this entire conference.
, 00:01:00:02
, 00:01:01:11 ,(laughter).
, 00:01:01:22
, 00:01:03:15 ,You can follow me on Twitter.
, 00:01:09:03 ,The last note is I'm from a town called Roundup, Montana.
, 00:01:11:16 ,2,000 people in a 30 mile radius.
, 00:01:12:10
, 00:01:14:03 ,About the whole room.
, 00:01:14:16
, 00:01:20:06 , ERIC FULTON: I am not a politician.
, 00:01:20:16
, 00:01:21:27 ,But I hang out with them.
, 00:01:23:14 , DANIEL ZOLNIKOV: Thank you.
, 00:01:24:14 ,I'm done.
, 00:01:26:23 , ERIC FULTON: I'm a hacker.
, 00:01:28:15 ,I break things just like you guys.
, 00:01:32:02 ,I run a security consulting firm in Bozeman, Montana.
, 00:01:34:17 ,I know you're thinking what do you hack out there?
, 00:01:36:14
, 00:01:39:17 ,(laughter) It's on the Internet and I can do it in my pajamas.
, 00:01:40:00
, 00:01:44:15 ,It's a lot of fun to be able to ski, adventure, hang out, and go home
, 00:01:47:18 ,and hack hospitals and stuff.
, 00:01:48:25 ,So it's a good time.
, 00:01:49:00
, 00:01:50:12 ,I venture a lot.
, 00:01:51:13 ,I tweet.
, 00:01:51:20
, 00:01:55:06 ,I get to do a little bit of public policy and
, 00:01:58:07 ,a little bit of speaking.
, 00:01:59:12
, 00:02:03:13 ,So we're going to kind of jump right into this.
, 00:02:05:01 ,What do we want to talk about?
, 00:02:09:05 ,So Dan and I will talk to you a little bit about information
, 00:02:12:06 ,and politics in Montana.
, 00:02:16:18 ,For all of you, you might be go, oh, Montana, just another state.
, 00:02:19:12 ,But Montana is good in that it models and represents what
, 00:02:22:15 ,a lot of other state legislators do.
, 00:02:27:11 ,Maybe on a smaller scale but just as applicable.
, 00:02:32:12
, 00:02:35:14 ,In America we work under the state system and Montana
, 00:02:38:29 ,is very representative of all the states.
, 00:02:41:00 ,Everything we do here can be replicated.
, 00:02:45:09 ,We talk about privacy legislation, what we got to be passed.
, 00:02:47:11 ,We did Daniel was able to get some privacy legislation passed
, 00:02:50:04 ,to make sure your cellphones are safe.
, 00:02:51:05 ,(applause).
, 00:02:52:29
, 00:02:58:22 ,But we tried so, so much more and that did not pass.
, 00:03:01:11 ,But we realized what we need to do to get privacy legislation passed
, 00:03:02:28 ,in Montana.
, 00:03:05:08 ,So we'll talk about that and our future goals.
, 00:03:06:18 , DANIEL ZOLNIKOV: Okay.
, 00:03:07:18 ,So real quick.
, 00:03:07:23 ,I'll talk about Montana and Montana's
, 00:03:10:12 ,legislature, kind of what Eric spoke about prior.
, 00:03:10:23
, 00:03:13:24 ,If we get something passed in Montana, we're not talking
, 00:03:18:01 ,about just what we get in Montana for them, it is shown in the rest
, 00:03:22:01 ,of the states in other states on behalf of you.
, 00:03:25:05 ,I mean, I don't rely on the Feds for making good policy any more.
, 00:03:25:23
, 00:03:29:03 ,What we can do in Montana, we can do it anywhere.
, 00:03:33:12 ,The size of Montana is comparable to the size of Germany in area.
, 00:03:35:24 ,The population is about a million people.
, 00:03:38:04 ,So we have a lot more cows than people.
, 00:03:41:21 ,The legislature serves 90 days every two years.
, 00:03:43:04 ,If you want to talk about limited government,
, 00:03:46:21 ,four months every two years, that is not too much.
, 00:03:48:02 ,We also have term limits.
, 00:03:50:09 ,I can serve four terms in the House and four terms in the Senate
, 00:03:52:09 ,and then be termed out.
, 00:03:52:20
, 00:03:54:12 ,That is very limited.
, 00:03:56:15 ,There's not a lot of new there's always new politicians
, 00:03:58:01 ,in there.
, 00:03:58:13
, 00:04:01:09 ,The majority of the House and Senate is Republican.
, 00:04:02:20 ,The governor is Democrat.
, 00:04:03:12
, 00:04:07:09 ,I don't really care about the affiliations right now.
, 00:04:09:05 ,It's the fact that you have to work with both sides
, 00:04:11:19 ,to get legislation passed.
, 00:04:13:14 ,That's what we'll discuss as well.
, 00:04:17:06
, 00:04:20:01 ,This is a quick screen shot of where Montana is for those
, 00:04:22:04 ,of you who don't know.
, 00:04:22:24
, 00:04:24:08 ,Hey, hey.
, 00:04:25:14
, 00:04:27:01 ,(laughter).
, 00:04:29:04 ,Las Vegas is in the upper left hand corner.
, 00:04:29:11
, 00:04:35:06 ,The side note is we drove from Montana to Las Vegas in 15 hours.
, 00:04:37:11 ,So there is our other accomplishment.
, 00:04:38:06
, 00:04:41:05 , ERIC FULTON: We'll prep what we wanted to do and give you
, 00:04:44:01 ,a back story for the whole situation.
, 00:04:44:10
, 00:04:45:13 ,Right now, how many people know
, 00:04:47:10 ,about Prism, NSA?
, 00:04:48:02
, 00:04:50:01 ,Everybody; right?
, 00:04:51:08 ,It's bad.
, 00:04:51:14
, 00:04:55:12 ,And so thank you.
, 00:04:56:12 ,(laughter).
, 00:04:58:04 ,Everything we did was before that.
, 00:05:00:04 ,So think of yourselves six months ago and go,
, 00:05:03:08 ,did I care too much about privacy?
, 00:05:07:05
, 00:05:09:12 ,Six months ago a lot of people were just like,
, 00:05:11:18 ,"I trust my government."
, 00:05:13:18
, 00:05:14:23 ,(laughter).
, 00:05:15:09 ,So it was a whole different mind set
, 00:05:17:20 ,before that until now with the recent revelations where
, 00:05:19:27 ,they go maybe I shouldn't.
, 00:05:24:13 ,Daniel had his first term as a legislator, a freshman, and it was a feat in itself
, 00:05:27:02 ,for getting the bill passed.
, 00:05:27:17
, 00:05:30:10 ,These things have to learn and navigate
, 00:05:33:00 ,the jungle of politics.
, 00:05:38:05
, 00:05:42:22 ,Next time it will be way spectacular, not that we didn't accomplish a lot.
, 00:05:43:06
, 00:05:45:26 ,Myself, I worked with Dan doing a little bit of research working
, 00:05:49:13 ,with him bringing the privacy idea kind of to life.
, 00:05:49:24
, 00:05:51:18 ,That's where we're coming from.
, 00:05:54:17 ,So what we want to talk about.
, 00:05:56:12 ,Why is there a need for privacy laws?
, 00:06:00:03 ,Like I said earlier, six months ago, a lot of people didn't necessarily know
, 00:06:03:02 ,where we needed these privacy laws.
, 00:06:07:07 ,We wanted to enforce the constitutional right to privacy.
, 00:06:07:14
, 00:06:11:14 ,Not every state has a constitutional right to privacy.
, 00:06:14:04 ,We're lucky we have, so it's very important.
, 00:06:21:20
, 00:06:24:09 ,Article 10 of the Montana Constitution states
, 00:06:28:02 ,the right of privacy the right of individual privacy is essential
, 00:06:31:21 ,to the well being of a free society and shall not be infringed
, 00:06:35:19 ,without the showing of a compelling state interest.
, 00:06:36:01
, 00:06:37:09 ,Awesome; right?
, 00:06:37:18
, 00:06:39:00 ,(applause).
, 00:06:39:07
, 00:06:41:13 ,This is written by a bunch of guys who didn't even have
, 00:06:43:02 ,technology and they were thinking
, 00:06:46:19 ,about privacy when our constitution was implemented.
, 00:06:49:13 ,It's important, it's essential, and our rights and liberties don't
, 00:06:52:18 ,necessarily have a meaning if we don't have clear laws that
, 00:06:54:08 ,protect them.
, 00:06:56:18 ,We have a constitutional right to privacy.
, 00:06:59:09 ,But if we don't have that enumerated in individual laws, then
, 00:07:03:22 ,the citizens don't have the tools necessary to enforce that.
, 00:07:06:26
, 00:07:10:03 ,The privacy bill that actually got passed, our speech, though,
, 00:07:13:23 ,is not about saying good job, we got a bill passed.
, 00:07:15:25 ,It's the one that failed.
, 00:07:17:09 ,So I'll touch on this first.
, 00:07:17:20
, 00:07:20:04 ,This is cellphone privacy requiring law enforcement to obtain
, 00:07:23:29 ,a search warrant before obtaining from electronic devices.
, 00:07:25:23
, 00:07:28:17 ,This was not considered a big deal at the time
, 00:07:32:02 ,because the NSA event had not occurred.
, 00:07:34:21 ,This is a short and simple bill.
, 00:07:36:06 ,One page long.
, 00:07:39:08 ,It has emergency opt outs, like in case you need to respond
, 00:07:43:10 ,to a 911 call or life threatening situation.
, 00:07:45:10 ,So it was a pretty valid bill.
, 00:07:46:06
, 00:07:48:12 ,I worked with both sides.
, 00:07:51:14 ,I listened to both sides, Republicans, and Democrats.
, 00:07:53:24 ,It was a common sense.
, 00:07:53:29
, 00:07:57:12 ,A lot of people said, Isn't that already in law?
, 00:08:00:15 ,No, there is no policy on privacy, especially with cellphones
, 00:08:02:17 ,and things like that.
, 00:08:02:26
, 00:08:04:17 ,This has since been considered
, 00:08:06:28 ,model legislation.
, 00:08:11:10 ,And we originally got the idea from another state that failed to pass it.
, 00:08:12:10 ,We got it passed.
, 00:08:13:18 ,First one in the country.
, 00:08:15:07 ,Now other states are passing it.
, 00:08:16:26 ,That actually makes you feel pretty good in Montana,
, 00:08:20:24 ,who meets once every two years, is in the lead on some of this stuff.
, 00:08:21:02
, 00:08:22:03 ,(applause).
, 00:08:22:11
, 00:08:23:12 ,Thank you.
, 00:08:24:10
, 00:08:26:26 ,So here is just a few outlines covering that bill
, 00:08:29:05 ,across the United States.
, 00:08:33:04 ,And it's amazing how much press this has received.
, 00:08:34:00 ,I'm really happy.
, 00:08:35:03 ,"
, 00:08:39:04 ,Montana Leads the Way in New Age Privacy Rights," "Warrants
, 00:08:45:00 ,For Cellphone Data," "If You Don't Want the Government to Spy on You,
, 00:08:47:14 ,Move to Montana."
, 00:08:48:23
, 00:08:50:29 ,That one I had no say in that.
, 00:08:53:15 , DANIEL ZOLNIKOV: All these headlines, if you check Reddit, some
, 00:08:56:00 ,of these articles were submitted.
, 00:09:00:13 ,One of my favorite comments is, "I don't even know where Montana is;
, 00:09:01:28 ,how are they first?"
, 00:09:04:19 ,And we're still first.
, 00:09:06:04
, 00:09:07:16 ,Excellent.
, 00:09:08:23
, 00:09:13:11 ,The first one is HB 400, the Montana privacy act,
, 00:09:19:22 ,across the world to create a balance act to protect data.
, 00:09:20:02
, 00:09:21:17 ,There's a lot of good ideas.
, 00:09:24:17 ,Why not put them together and form something that would protect
, 00:09:27:19 ,the average citizen, constituent?
, 00:09:28:05
, 00:09:31:08 ,The real battle over HB 400 is what gives us the insights
, 00:09:33:29 ,into what everybody has to face across the states
, 00:09:36:26 ,with the privacy policy challenge.
, 00:09:38:12
, 00:09:41:27 ,So we'll talk a little bit about the policy frameworks,
, 00:09:46:07 ,because we knew we were embarking on a long journey.
, 00:09:50:05 ,We figured six or twelve months ago that we probably weren't
, 00:09:54:14 ,the first ones to think that privacy is important.
, 00:09:56:29
, 00:09:59:26 ,There is a lot of really excellent model laws,
, 00:10:02:27 ,if they were passed or not, on individual states
, 00:10:07:22 ,in foreign countries that are excellent for basing it off of.
, 00:10:10:02 ,First we looked at California Civil Code.
, 00:10:10:12
, 00:10:12:22 ,In it we got a really excellent idea.
, 00:10:13:24 ,"
, 00:10:17:01 ,Each agency shall maintain in its records only personal information
, 00:10:20:10 ,which is relevant and necessary to accomplish a purpose
, 00:10:22:07 ,of the agency."
, 00:10:24:09 ,This is important because it's basically arguing that
, 00:10:27:16 ,agencies are only allowed to collect information that's pertinent
, 00:10:28:29 ,to them.
, 00:10:29:04
, 00:10:30:21 ,And so we liked that idea.
, 00:10:32:10 ,The idea that all these different companies
, 00:10:36:11 ,and agencies shouldn't just have these huge dragnets collecting information
, 00:10:38:00 ,they need.
, 00:10:39:10
, 00:10:42:16 ,Business has to get done, but you don't need
, 00:10:45:20 ,to go much further than that.
, 00:10:47:21 ,Next we went on to Massachusetts laws.
, 00:10:50:20 ,Massachusetts has some excellent privacy legislation.
, 00:10:50:29
, 00:10:53:29 ,Part of the part of it says Section 2, regulations
, 00:10:59:05 ,to safeguard personal information of commonwealth residents.
, 00:11:03:06 ,This is important because we got the idea that if you collect information,
, 00:11:06:17 ,you should probably be careful with it.
, 00:11:09:28 ,You know, a great example is South Carolina.
, 00:11:12:03 ,How many of you heard of that breach?
, 00:11:13:03 ,Yeah.
, 00:11:16:22 ,South Carolina got owned hard.
, 00:11:19:08 ,They lost millions of their residents' and citizens'
, 00:11:22:19 ,information, names, social securities.
, 00:11:24:06 ,I think the whole nine yards.
, 00:11:24:26
, 00:11:28:23 ,If you have that information, you should probably, I don't know,
, 00:11:31:15 ,secure it, if you need it.
, 00:11:34:14 ,This is the argument that for businesses and government that
, 00:11:37:23 ,if they do have this information they shouldn't leave it
, 00:11:40:00 ,on a Windows XP box.
, 00:11:45:01
, 00:11:48:05 ,It's trivial to make sure it's secure.
, 00:11:50:00 ,Next we got the known security breach
, 00:11:52:11 ,or unauthorized use.
, 00:11:52:21
, 00:11:55:29 ,This basically gives us the idea that, okay, now we have companies,
, 00:11:58:07 ,hopefully, collecting only the information
, 00:12:01:09 ,they need and actually protecting that information and
, 00:12:04:19 ,if protecting that information they should know when they're
, 00:12:09:02 ,breached, which means that citizens should be alerted to that.
, 00:12:10:08 ,If your information is stolen and you tonight know it,
, 00:12:12:08 ,you can't react to it.
, 00:12:18:01 ,You can't just cover it up and say oh, that never happened, because it did.
, 00:12:21:29 ,It impacts people and it is necessary for them to let them know that.
, 00:12:22:16
, 00:12:25:01 ,Next we wanted privacy laws.
, 00:12:27:20 ,A little side note about me.
, 00:12:29:20 ,All my grandparents are immigrants.
, 00:12:30:23
, 00:12:36:06 ,Half are from Italy, from my dad's side, his parents are from Russia.
, 00:12:38:29 ,They had to move away from Russia when they took
, 00:12:42:17 ,out the czars, and all that good stuff.
, 00:12:45:24
, 00:12:51:23 ,Let's look at other historical past issues that have happened.
, 00:12:53:29 ,What's happened in other countries?
, 00:12:55:01 ,Why is it bad?
, 00:12:56:07 ,How can we learn from it?
, 00:12:58:14 ,I think it's really good, especially if I'm setting policy to be able
, 00:13:01:28 ,to have a little insight into history to make sure we do not repeat our
, 00:13:04:24 ,mistakes or other countries' mistakes.
, 00:13:06:14
, 00:13:09:20 ,Germany's data privacy laws, basically they have
, 00:13:13:05 ,a few things that we looked and liked.
, 00:13:15:26 ,And I think most of the reason why these were created
, 00:13:19:06 ,is because Natazi, the secret police were watching
, 00:13:21:25 ,over east Germans, they were collecting
, 00:13:26:06 ,all the information about them, the secret police.
, 00:13:26:19
, 00:13:29:05 ,From what I understand, these laws are put in place
, 00:13:32:22 ,to protect the German citizens, and that includes preventing
, 00:13:35:05 ,organizations from collecting any personal
, 00:13:39:06 ,and personally identifiable information without obtaining permission
, 00:13:41:10 ,from an individual.
, 00:13:43:16 ,And that includes name, birthdate, phone number, IP address,
, 00:13:46:05 ,personal address, things like that.
, 00:13:48:06 ,Then there needs to be permission for the collection
, 00:13:51:21 ,of data which must be specific, including how, where, how long, and
, 00:13:54:23 ,for what purposes the data will be used.
, 00:13:58:12 ,And then individuals may revoke permissions at any time, and policy,
, 00:14:02:03 ,procedures, and controls must be put in place to ensure that
, 00:14:06:04 ,all the organizations' data is being collected.
, 00:14:09:01 ,This is a major point.
, 00:14:11:21 ,This is the consent to have information collected.
, 00:14:13:04 ,We'll hit that over and over.
, 00:14:16:27 ,It's one of the most important points of our entire piece of legislation.
, 00:14:18:23
, 00:14:20:04 ,Okay.
, 00:14:21:22 ,So the creation process.
, 00:14:22:06
, 00:14:23:22 ,You go on.
, 00:14:24:22 ,Research.
, 00:14:26:26 , ERIC FULTON: I'll talk about research.
, 00:14:28:09 ,Thanks, Comrade Zolnikov.
, 00:14:28:23
, 00:14:31:14 ,A lot of research went into this.
, 00:14:32:18 ,A lot.
, 00:14:37:08 ,Because we were able to say, hey, we took a look at what everyone else
, 00:14:40:15 ,is doing, how it impacted those other countries,
, 00:14:44:09 ,and we can say, "Look, Germany can do it, why can't we?"
, 00:14:49:12 ,Business lobbyists, everyone, kept going, "That's impossible.
, 00:14:51:00 ,That's never going to happen."
, 00:14:51:06
, 00:14:53:08 ,And it's nice when you have a clear case that goes, "Yes,
, 00:14:55:11 ,it's already been done."
, 00:14:55:20
, 00:14:57:05 ,So we did research in the way everyone else is doing
, 00:14:59:03 ,and what we wanted to do.
, 00:15:01:06 ,We'll talk a little bit more about that when we go in depth
, 00:15:02:21 ,on HB 400.
, 00:15:03:10
, 00:15:05:09 ,We researched the bills.
, 00:15:07:17 ,We drafted this lengthy human readable document, something you
, 00:15:10:09 ,and I could understand, and then I kind of tossed it
, 00:15:13:23 ,over the fence to Daniel and let him handle it.
, 00:15:16:09 , DANIEL ZOLNIKOV: The best thing about a state with low population,
, 00:15:18:21 ,I went to college with Eric.
, 00:15:20:14 ,That's how I know him.
, 00:15:24:02
, 00:15:26:01 ,I'm the representative.
, 00:15:29:07 ,He calls me and I call legislative services with the draft he wrote
, 00:15:31:09 ,and put together.
, 00:15:34:05 ,I sent it to them, who put it in a bill form.
, 00:15:35:24 ,That is your true form of representative government
, 00:15:37:15 ,in my opinion.
, 00:15:37:25
, 00:15:40:22 ,So we did that's exactly what happened.
, 00:15:42:15
, 00:15:47:01 ,The legislative representatives put it in a form that could become law.
, 00:15:49:12
, 00:15:52:09 ,It's a basic form of language.
, 00:15:55:12 , ERIC FULTON: It's the foreign language called legalese.
, 00:15:58:00
, 00:16:02:27 ,We sent it back and it went back and forth until we said it's pretty good.
, 00:16:08:26 ,Then it all came together in HB 400.
, 00:16:10:08 ,This is the big bill.
, 00:16:12:26 ,This is the meat and potatoes of our presentation.
, 00:16:16:01 ,This is lining out in what we want to see in Montana,
, 00:16:19:01 ,but the United States.
, 00:16:20:16 ,We'll talk about the main points of the bill, and then some
, 00:16:23:13 ,of the issues we had of getting it passed.
, 00:16:23:20
, 00:16:26:28 ,Call me na ve, I thought I'll put all these great ideas together
, 00:16:29:26 ,and they'll get passed by government.
, 00:16:30:06
, 00:16:32:25 ,Turns out it's a little bit more involved than that.
, 00:16:36:01 ,So we'll talk about that, some of the issues and go from there.
, 00:16:36:09
, 00:16:39:14 ,So to talk about the main points, a lot of these, you know, it's going
, 00:16:42:03 ,to feel like what you heard before because I talked
, 00:16:46:03 ,about other types of legislation that we had pulled from.
, 00:16:48:04 ,So pulling one HB 400 is that data subjects must be given
, 00:16:52:05 ,notice when their personal information is being collected.
, 00:16:52:19
, 00:16:54:12 ,Pretty easy; right?
, 00:16:54:25
, 00:16:57:15 ,It seems like it would be fairly easy to do.
, 00:16:58:13
, 00:17:01:15 ,If you were giving your information up and a company was going
, 00:17:04:12 ,to be using it, they have to tell you.
, 00:17:05:22
, 00:17:10:19 ,A lot of people don't realize when they get that information or when
, 00:17:14:09 ,they go to Safeway and use the card that gives them
, 00:17:17:09 ,a Â¢0.05 discount, there's something going
, 00:17:22:13 ,on and people are taking that information and selling it.
, 00:17:24:11
, 00:17:28:16 ,Next personal information may be used only for the purpose stated and not
, 00:17:30:24 ,for any other purpose.
, 00:17:32:14 ,This kind of ties in with the California law, which
, 00:17:35:06 ,is stating they should only have the information necessary
, 00:17:36:29 ,to do their job.
, 00:17:38:25 ,So you know, there's no reason for your bank
, 00:17:44:00 ,to be selling your information and using it in a healthcare manner.
, 00:17:44:05
, 00:17:47:01 ,They need to be separate and distinct.
, 00:17:47:10
, 00:17:48:26 ,Personal information may not be disclosed
, 00:17:51:22 ,without the data subject's consent.
, 00:17:54:23 ,As it stands, your information is being rampantly bought
, 00:17:58:00 ,and sold without you even knowing.
, 00:17:58:24
, 00:18:00:22 ,That is a problem.
, 00:18:02:23 ,You need to have ownership of your data.
, 00:18:05:18 ,You need to know where it's going, why it's being sold.
, 00:18:06:20
, 00:18:09:06 ,Points four through seven, personal information that
, 00:18:13:04 ,is collected must be kept secure from any potential abuses.
, 00:18:13:11
, 00:18:14:19 ,We talked about this.
, 00:18:17:04 ,If you're gonna have data, you should protect it.
, 00:18:18:24 ,Next, data subjects must be informed as to who is collecting
, 00:18:20:27 ,the personal information.
, 00:18:21:02
, 00:18:24:16 ,You've got to understand who is collecting your information so that
, 00:18:29:24 ,if they do have it, you can say I'd like to delete that or update that.
, 00:18:30:12
, 00:18:33:19 ,Subjects must be allowed access to make corrections
, 00:18:36:05 ,on any inaccurate data.
, 00:18:37:10
, 00:18:40:06 ,Kind of the ones we slid in at the end because the idea
, 00:18:43:14 ,is your information's being traded all around and it is needed
, 00:18:47:02 ,for legitimate business in certain circumstances.
, 00:18:48:16 ,And so because it's your data, you should have the opportunity
, 00:18:49:29 ,to update it.
, 00:18:52:08 ,One of the great examples is credit reports.
, 00:18:54:08 ,Right now it's kind of a black box on where they get the information
, 00:18:56:21 ,and who knows if it's accurate.
, 00:19:00:16 ,You should be able to review it and go, no, that's not me and that's when
, 00:19:02:18 ,someone to fix it.
, 00:19:06:09
, 00:19:09:25 ,The data collector's accountable for following the principles
, 00:19:11:23 ,in this section.
, 00:19:12:01
, 00:19:14:15 ,This is one of the most poignant clauses.
, 00:19:20:17
, 00:19:23:22 ,It's rampant discard for the privacy.
, 00:19:28:28 ,There is action they can seek in civil suits.
, 00:19:30:25
, 00:19:34:12 ,By having it in a law, it allows them to do so much more.
, 00:19:34:22
, 00:19:37:14 ,That was HB 400 in a box.
, 00:19:37:21
, 00:19:41:06 ,So we'll now talk a bit about we had this great idea.
, 00:19:43:27 ,We built this giant framework for privacy.
, 00:19:44:09
, 00:19:45:29 ,What are some issues we have?
, 00:19:48:14 ,One of the biggest one was definitions.
, 00:19:51:06 ,Then we had opt outs and extenuating circumstances.
, 00:19:51:20
, 00:19:55:09 ,One of the biggest was definition issues.
, 00:19:55:16
, 00:19:59:06 ,When we wrote this, when you get into a project and you start using
, 00:20:02:14 ,the terminology, especially in technology, you kind of start
, 00:20:04:23 ,to use the inside terms.
, 00:20:07:11 ,But to someone on the outside, it doesn't necessarily make
, 00:20:09:08 ,the same sense.
, 00:20:11:14 ,And so to counteract this we try to have all these definitions,
, 00:20:14:22 ,like agency, blocking, business, collection.
, 00:20:14:29
, 00:20:19:25 ,A lot of legislators read it and their eyes glazed over.
, 00:20:20:11
, 00:20:22:16 ,Data subject can be hard to differentiate
, 00:20:25:05 ,from customer and individual.
, 00:20:27:25 ,We realized we really needed to tone down the language of the bill
, 00:20:30:13 ,for Montana, at least, for it to be understandable law
, 00:20:33:04 ,representative of the citizens alike.
, 00:20:37:29 , DANIEL ZOLNIKOV: I'll go back to the politics side of it
, 00:20:41:00 ,from what I stand for.
, 00:20:43:06 ,I am a conservative Republican.
, 00:20:45:12 ,Republicans have the House and the Senate.
, 00:20:49:20 ,This bill had to keep that in mind, because Republican conservatives,
, 00:20:55:02 ,they listen a lot so they don't over regulate industries.
, 00:20:58:24
, 00:21:03:01 ,There is overreaching clauses and this is the biggest one that we had
, 00:21:06:06 ,in that bill which was probably a little bit too far,
, 00:21:10:13 ,which I actually think it's too far myself now that I've really read it
, 00:21:12:17 ,and focused on it.
, 00:21:14:15 ,I'll read it as quick as I can.
, 00:21:15:17 ,"
, 00:21:17:02 ,A business may not refrain from conducting commerce
, 00:21:19:24 ,with an individual solely because the individual refuses
, 00:21:22:18 ,to consent to the business's collection, processing or use
, 00:21:25:04 ,to the individual's personal information except when
, 00:21:28:03 ,the personal information is genuinely needed for the business
, 00:21:30:06 ,to provide the service or product requested
, 00:21:34:06 ,to complete a financial transaction or to comply with the law."
, 00:21:36:17 ,Basically this says if you want to get a cellphone plan
, 00:21:39:19 ,with a cellphone company and they say, hey, we are going
, 00:21:42:29 ,to collect your information, you say no.
, 00:21:45:14 ,You're not and you don't give consent.
, 00:21:48:01 ,Well, this would say that the cellphone company still has
, 00:21:51:12 ,to give you a cellphone plan since their business isn't focused
, 00:21:54:22 ,on since their business isn't focused on that information that
, 00:21:56:23 ,they're collecting.
, 00:21:56:29
, 00:21:59:02 ,And that he is wrong, because if you don't want to work
, 00:22:02:19 ,with them or don't want to consent, I don't believe the business still has
, 00:22:04:22 ,to offer everything up.
, 00:22:07:24 ,You are now informed they're collecting your information.
, 00:22:08:03 ,You'll go to the competitor that says you're not
, 00:22:11:25 ,collecting the information, you'll start buying those services.
, 00:22:12:10
, 00:22:15:17 ,There were a few overreaching clauses like this.
, 00:22:15:26
, 00:22:18:27 ,Another one was the small business burden.
, 00:22:20:12 ,Can small businesses comply?
, 00:22:22:02 ,Say we have a local mom and pop shop that collects
, 00:22:26:26 ,your information, your address, your credit card information, whatever.
, 00:22:29:01 ,There's some things they're collecting.
, 00:22:32:22 ,Well, do they have the ability to have it all secure?
, 00:22:34:26 ,Are they putting it in a secure location?
, 00:22:36:18 ,Are they keeping it on the desktop?
, 00:22:38:17 ,Is it used on Excel spreadsheet which could
, 00:22:40:15 ,easily be lost?
, 00:22:40:20
, 00:22:44:29 ,I'm not going to say, yeah, this is really important or not important.
, 00:22:46:29 ,That I stand for I'm too concerned either end of it,
, 00:22:50:00 ,because this was really a philosophical conversation that we
, 00:22:52:09 ,were having in the House.
, 00:22:54:07 ,Does it hurt smaller business?
, 00:22:55:21 ,Well, the question is should they be getting information
, 00:22:58:23 ,and collecting it if they cannot keep it secure?
, 00:23:02:10 ,One of the many issues and points that were brought up.
, 00:23:04:21
, 00:23:06:02 ,Okay.
, 00:23:07:02 ,So now we'll talk from the political side
, 00:23:10:02 ,the people issues that I had to deal with.
, 00:23:13:10 ,This includes leadership issues, the extensive push back from lobbyists,
, 00:23:16:13 ,my favorite part, the fact it was considered too long
, 00:23:19:19 ,at 26 pages, and that the representatives didn't really
, 00:23:22:02 ,understand it or read it.
, 00:23:24:23 , ERIC FULTON: It's not all doom and gloom, though.
, 00:23:26:06
, 00:23:31:06 , DANIEL ZOLNIKOV: This is the bill.
, 00:23:34:02 ,We have the first page of it anyway.
, 00:23:35:24 ,We have two days to get signatures.
, 00:23:38:13 ,I received 37 signatures from the House and the Senate
, 00:23:42:13 ,out of 150 individuals, the senators and representatives in Montana,
, 00:23:45:19 ,I got 37 signatures, about a fourth who were supportive
, 00:23:47:03 ,of this.
, 00:23:48:25 ,This is on both sides of the aisle.
, 00:23:49:03
, 00:23:53:24 ,I was trying to speak to the members of the Appropriations Committee so it
, 00:23:56:14 ,could be heard in that committee so it had
, 00:23:59:10 ,a better chance of surviving.
, 00:24:00:26
, 00:24:03:28 ,I knew the committee would have to go to get it passed
, 00:24:07:19 ,beyond so it could then get heard on the House floor and then sent
, 00:24:10:19 ,to the Senate and hopefully signed.
, 00:24:13:22 ,This was a really good achievement, believe it or not.
, 00:24:16:02 ,The cosponsors may not support all the legislation,
, 00:24:18:23 ,but they support the idea.
, 00:24:20:04
, 00:24:21:26 ,Both sides of the aisle.
, 00:24:23:22 ,Some people would not be in the same room together unless
, 00:24:26:24 ,they're forced to had their names on this bill.
, 00:24:28:01
, 00:24:29:07 ,Okay.
, 00:24:30:08 ,Leadership issues.
, 00:24:31:25 ,Conservative leadership.
, 00:24:33:16 ,I'm in the House.
, 00:24:34:29 ,I'm a House representative.
, 00:24:39:09 ,So I was begging that this bill of mine, this really important bill that no one
, 00:24:43:09 ,else really cared about at that point, because they were worried
, 00:24:49:00 ,about their making Montana more job friendly or doing something with taxes.
, 00:24:55:25 ,We had a $300 million surplus; the focus was on different issues.
, 00:24:59:22 ,Mine was down here on the priority list of importance.
, 00:25:04:22 ,So they promised that my bill would end up in the Judiciary Committee.
, 00:25:07:19 ,The Judiciary Committee is where we talk about gun bills,
, 00:25:11:12 ,gay rights, abortion bills, sex slavery.
, 00:25:13:20 ,The press was always in there.
, 00:25:16:07 ,This is the committee where they battle it out.
, 00:25:19:19 ,And you can bet that this committee is very stacked on the Republican
, 00:25:21:16 ,and Democrat side.
, 00:25:23:25 ,It's the people more worried about liberties and rights than
, 00:25:27:12 ,they are about lobbyists telling them what to do.
, 00:25:27:18
, 00:25:34:19 ,Since privacy is a big issue, perfect committee for the bills.
, 00:25:36:06 ,A lot of people don't want their bills to go in there
, 00:25:38:25 ,because that's where their bills die.
, 00:25:41:06 ,I was begging to have it in there.
, 00:25:43:24 ,Please put my bill in appropriations.
, 00:25:44:10
, 00:25:46:05 ,In the end, leadership was not concerned
, 00:25:49:08 ,about it and my bill was causing some issues.
, 00:25:49:18
, 00:25:52:23 ,There was a lot of big business, special interest,
, 00:25:56:16 ,that were pushing against it from the start.
, 00:25:59:09 ,And so the bill ended up being put in the Business and Labor Committee
, 00:26:01:02 ,to be killed.
, 00:26:06:01
, 00:26:08:27 ,So we'll talk about the lobbyist side of things.
, 00:26:12:19 ,I do not really like lobbyists or a lost special interest.
, 00:26:17:26
, 00:26:19:01 ,(applause).
, 00:26:22:01 , ERIC FULTON: They're like the same class as meter maids.
, 00:26:24:14 , DANIEL ZOLNIKOV: Exactly.
, 00:26:29:03 ,From a side note, politicians think they're really smart,
, 00:26:34:02 ,and they can get more money to then serve again, and why
, 00:26:38:01 ,the hell are you in politics is my question,
, 00:26:42:25 ,if that's really what you're standing for?
, 00:26:46:26 ,Well, I had some issues with them, because some of the representatives
, 00:26:51:16 ,in Business and Labor Committee, especially service to their sponsors,
, 00:26:53:14 ,aka lobbyists.
, 00:26:54:24 ,This isn't my issue.
, 00:26:56:06
, 00:26:57:22 ,I'll do what you want along the lines
, 00:26:59:24 ,with all these other ones.
, 00:27:05:17 ,They hear a bill is bad, they're like oh, three bill points, bad, I'll kill it.
, 00:27:08:25 ,Well, this was painted from a lot of the bigger lobby groups
, 00:27:12:22 ,as more regulation and growing government.
, 00:27:15:06 ,It was a bad bill.
, 00:27:18:11 ,As a conservative Republican, they were painting me as rhino,
, 00:27:21:27 ,a sellout, we need to get rid of this.
, 00:27:26:09
, 00:27:29:23 ,In reality they were concerned about using the ability to profit
, 00:27:32:08 ,from consumer information.
, 00:27:34:29 ,They make a lot of money from it.
, 00:27:36:16 ,There's really no standards.
, 00:27:36:23
, 00:27:39:24 ,So they don't want standards put on it yet.
, 00:27:43:05 ,And this is the conversations that some of us had behind the doors.
, 00:27:45:00 ,The funny thing is, we're trying to put standards in place that
, 00:27:47:08 ,will protect the business instead of saying it's illegal
, 00:27:50:16 ,to collect information like some individuals want to do.
, 00:27:51:25 ,We're just trying to have a balance to make sure people have their
, 00:27:53:11 ,rights involved.
, 00:27:55:21 ,They didn't want any of it, because at this point in time
, 00:27:59:22 ,they can have the push back to kill some type of legislation.
, 00:28:05:06 ,I obtained a very quick reputation with my quick tolerance for lobbyist.
, 00:28:05:15
, 00:28:07:22 ,I learned later on from a nicer older gentleman who
, 00:28:12:02 ,has been around the block that they called me the Mad Russian.
, 00:28:16:07 ,And I guess they were kind of right in some regards.
, 00:28:18:27
, 00:28:20:09 ,Okay.
, 00:28:24:23 ,So also the understandability problems, partially generation problem.
, 00:28:26:25 ,Politicians tend to be old.
, 00:28:28:01 ,I'm 26.
, 00:28:30:10 ,I'm serving in the House of Representatives.
, 00:28:30:19
, 00:28:33:09 ,Young Democrats and Republicans knew what we were talking
, 00:28:35:15 ,on the privacy issue.
, 00:28:39:15 ,They knew how far it has gone in this last 15 years.
, 00:28:43:00 ,I'm not a tech guy, ironically I'm speaking at DEF CON.
, 00:28:44:24
, 00:28:48:03 ,I understand this is a big issue we need to work
, 00:28:51:18 ,on and protect some rights if we can.
, 00:28:53:10 ,That's the way I'm looking at it.
, 00:28:55:29 ,There are only representatives in there on the Business
, 00:29:00:13 ,and Labor Committee who helped kill the bill in the end that barely knew how
, 00:29:04:11 ,to use computers, that didn't have a smart phone.
, 00:29:04:19
, 00:29:07:05 ,I mean some barely use their phones at all.
, 00:29:09:22 ,It was very interesting that they're the ones that we're trying to appeal
, 00:29:11:10 ,to and they don't know what we're
, 00:29:13:02 ,talking about.
, 00:29:13:08
, 00:29:16:14 ,Also, there's a lack of awareness on the privacy issue.
, 00:29:17:26 ,Not an important issue.
, 00:29:19:04 ,There are bigger issues.
, 00:29:21:21 ,We had $300 mill to spend.
, 00:29:23:27 ,It's more fun to spend other people's money than
, 00:29:26:14 ,to protect people's rights.
, 00:29:28:01
, 00:29:32:17 ,A really quick story I have on the side.
, 00:29:35:16 ,There was a Facebook bill, we called it the Facebook bill.
, 00:29:36:03
, 00:29:40:03 ,It would prevent employers from collecting employee's log
, 00:29:44:08 ,in information, passwords along those lines.
, 00:29:47:12 ,The city of Bozeman was doing it for a while and other organizations
, 00:29:51:11 ,were saying, hey, you want to work for me, I need your log in information,
, 00:29:54:17 ,your password, so I can search through your e mail accounts,
, 00:29:57:06 ,search through your Facebook.
, 00:29:59:01 ,To me it's the same thing as, hey, you want to work for me, I got
, 00:30:02:06 ,to search through your house and your underwear drawer first.
, 00:30:04:09 ,It's a little bit too much.
, 00:30:07:00 ,So we're just trying to put some guidelines in place.
, 00:30:08:24 ,It passed the Senate, 48 to 2.
, 00:30:11:14 ,It got killed in the Business and Labor Committee.
, 00:30:12:15
, 00:30:14:16 ,48 to 2.
, 00:30:16:07 ,This was a very controversial Senate that got
, 00:30:20:02 ,some national headlines for how much they hit their heads.
, 00:30:20:10
, 00:30:24:03 ,They all voted, besides two of them, for this legislation.
, 00:30:26:00 ,Business and Labor Committee, it goes to there,
, 00:30:29:19 ,the business lobby tells a lot of the business and labor guys this
, 00:30:32:28 ,is bad legislation, it needs to be killed.
, 00:30:36:08 ,I heard a story on how there was a guy, a representative in his 70's,
, 00:30:39:21 ,from what I understand barely knew what Facebook even is,
, 00:30:42:06 ,not much how to hack it.
, 00:30:42:21
, 00:30:44:29 ,He barely knew what it was.
, 00:30:46:00 ,He heard that he asked the younger guy,
, 00:30:50:10 ,a younger representative, hey, is this good or bad legislation.
, 00:30:53:04 ,The younger guy who appeals to lobbyists and plays
, 00:30:58:08 ,the political game, the exact opposite of me, plays it.
, 00:31:02:23 ,He told him oh, this is a really bad bill, really bad for business.
, 00:31:04:01 ,We need to kill this bill.
, 00:31:06:08 ,There is your policy setting right there.
, 00:31:08:22 ,Older guy doesn't know what he's doing, younger guy says killing it
, 00:31:11:14 ,because he's worried about getting a better voting record
, 00:31:13:02 ,at the end.
, 00:31:15:26
, 00:31:18:23 ,The bill was 26 pages long.
, 00:31:20:11 ,It's all new legislation.
, 00:31:23:01 ,This is a big bill by Montana standards.
, 00:31:26:03 ,Obama's Affordable Care Act, I don't care what side you're on,
, 00:31:30:07 ,that issue, but that bill itself is a thousand pages.
, 00:31:32:13 ,That's a big bill in my opinion.
, 00:31:34:21 ,This is 26 pages in Montana legal speak
, 00:31:40:10 ,in a sense that it's really easy to understand Montana code.
, 00:31:42:14 ,You can read it, not having any legislation experience
, 00:31:44:16 ,and understand it.
, 00:31:45:13
, 00:31:47:05 ,Very simple.
, 00:31:47:17
, 00:31:49:11 ,This bill is considered 26 pages long
, 00:31:51:29 ,and that was way too long.
, 00:31:52:29 ,It was complex.
, 00:31:55:03 ,We would have to have our own privacy standards
, 00:31:57:07 ,for Montana than the rest of the country, which
, 00:31:59:02 ,is what we wanted.
, 00:32:00:17
, 00:32:03:03 ,It's what we wanted, because then we wanted other states
, 00:32:05:08 ,to follow our legislation.
, 00:32:07:22 ,If we can do it, then you can do it.
, 00:32:08:05
, 00:32:11:02 ,It also proposed a lot of new ideas in one document.
, 00:32:11:10
, 00:32:14:24 ,Things you don't understand are new can be kind of scary.
, 00:32:17:05 ,So we ran into those issues.
, 00:32:17:21
, 00:32:20:02 ,Now, let me go in the committee meeting.
, 00:32:20:11
, 00:32:21:26 ,There were two proponent.
, 00:32:23:27 ,I was a sponsor, so I spoke first.
, 00:32:26:22 ,There were two proponents of this bill.
, 00:32:29:24 ,One is Eric, so thanks for showing up today.
, 00:32:32:29 , ERIC FULTON: I think I should probably wake up to that one.
, 00:32:33:29 ,(applause).
, 00:32:35:14 , DANIEL ZOLNIKOV: And ACLU.
, 00:32:38:16 ,I was so happy someone was sitting next to me in that meeting.
, 00:32:39:10
, 00:32:43:11 ,As a conservative Republican I'm usually over here.
, 00:32:44:26 ,The ACLU is usually over here.
, 00:32:47:15 ,Now, not only me, a few of us are trying they're ignoring them
, 00:32:51:14 ,because we're bothering them so much, we're trying to find more legislation
, 00:32:55:23 ,like this, because we agree on privacy legislation to work on.
, 00:32:59:15 ,I'm very thankful they're supportive and willing to work on.
, 00:32:59:21
, 00:33:02:27 ,The cellphone privacy bill, they are supportive.
, 00:33:11:14
, 00:33:14:25 ,The supporters, the Montana Retailers Association,
, 00:33:19:01 ,multiple insurance companies, Montana Auto Dealers Association,
, 00:33:23:02 ,Montana Bankers Association, multiple hospitals, the Chamber
, 00:33:27:01 ,of Commerce, the Montana Data Association.
, 00:33:30:09 ,If that room had been exploded, there would have been no more
, 00:33:33:18 ,lobbyists for the business front in Helena.
, 00:33:36:02
, 00:33:37:06 ,(applause).
, 00:33:41:05 , ERIC FULTON: They literally queued to say the same thing.
, 00:33:41:12
, 00:33:44:17 ,It was lining up and raising their hand.
, 00:33:49:02 ,It was more said why they didn't like it, that basically it hurt business.
, 00:33:50:29 , DANIEL ZOLNIKOV: As a new representative, they want
, 00:33:53:13 ,to prove a point to me, hey, if you're not going
, 00:33:57:22 ,to be doing what we need you to do, this will what will happen.
, 00:33:59:17 ,I am a very slow learner.
, 00:33:59:22
, 00:34:02:11 ,Next time we'll see what happens.
, 00:34:02:22
, 00:34:04:04 ,(applause).
, 00:34:04:14
, 00:34:09:23 ,Also, the committee meeting, let me just one thing in politics.
, 00:34:12:24 ,Say you're with privacy legislation.
, 00:34:14:23
, 00:34:18:19 ,We deal with legislation across all these different areas.
, 00:34:20:17 ,So how much do you know about farming?
, 00:34:20:22
, 00:34:21:22 ,Okay.
, 00:34:22:28 ,There's a farming bill.
, 00:34:24:12 ,How much do you care about it.
, 00:34:27:15 ,I still wouldn't trust my views on farming to know what this legislation
, 00:34:29:19 ,is going to get passed.
, 00:34:31:17 ,I have to depend on someone else.
, 00:34:32:25 ,It's not really my issue.
, 00:34:33:23 ,It sounds good.
, 00:34:34:23 ,It's a short bill.
, 00:34:37:29 ,Three main points for it; three main points against it.
, 00:34:41:13 ,I'm hitting 10 or 20 bills a day I understand I'm reading past.
, 00:34:41:23
, 00:34:45:29 ,So this was basically the farming bill in the sense.
, 00:34:48:16 ,They were not concerned about a privacy rights.
, 00:34:49:16 ,It's not an issue.
, 00:34:50:24 ,It's a nonissue issue.
, 00:34:52:05 ,So on the doors I knocked on a lot of doors
, 00:34:56:02 ,for the campaign no one was talking about privacy rights.
, 00:34:56:26
, 00:35:01:18 ,They're talking about money, taxes, jobs, not this issue.
, 00:35:04:11 ,So the committee members were pretty much unengaged.
, 00:35:08:09 ,So in a roundabout way, thank you for bringing awareness to the issue.
, 00:35:11:23 , ERIC FULTON: You got to look at the silver lining just a little bit.
, 00:35:14:15 , DANIEL ZOLNIKOV: Okay.
, 00:35:17:26 ,So the end results was that it was tabled in committee.
, 00:35:20:15 ,Duh duh duh.
, 00:35:23:14 ,The wrong committee in the first place and nearly
, 00:35:28:02 ,all the lobbyists that go along with the Republican side were not
, 00:35:32:11 ,supportive of any type of privacy legislation.
, 00:35:36:20
, 00:35:39:11 ,They wanted to be exempt from it.
, 00:35:41:15 ,They don't want it to be applying to them.
, 00:35:42:29
, 00:35:45:13 ,We want to make sure that personal information
, 00:35:47:27 ,belongs to the individual.
, 00:35:49:08
, 00:35:52:14 ,The bill was too large and most legislators didn't understand
, 00:35:55:05 ,why we needed the legislation.
, 00:35:57:06 ,It was a nonissue issue.
, 00:35:58:08
, 00:36:01:01 ,HB 400 was considered growing government
, 00:36:04:02 ,and creating unnecessary laws.
, 00:36:08:18 ,I was considered a big government conservative.
, 00:36:10:12
, 00:36:14:07 ,Whatever, they could label it however they want,
, 00:36:16:11 ,that was fine.
, 00:36:18:29 , ERIC FULTON: I prefer the nickname mad Russian.
, 00:36:31:15
, 00:36:36:04 ,What happened and what we realized is we tried way too much.
, 00:36:37:01
, 00:36:40:18 ,26 pages for Montana is about 25 pages longer than most
, 00:36:42:13 ,other bills.
, 00:36:42:23
, 00:36:44:05 ,(laughter).
, 00:36:44:16
, 00:36:46:26 ,So we'll try and break it down.
, 00:36:49:05 ,We realized that at that time privacy didn't affect
, 00:36:51:02 ,people directly.
, 00:36:52:21 ,It wasn't something they could tangibly see and touch
, 00:36:55:09 ,and be afraid of or happy about.
, 00:36:55:15
, 00:36:59:00 ,And so we were two or three months ahead of our time.
, 00:36:59:10
, 00:37:02:03 ,And then we didn't really compromise it.
, 00:37:06:07 ,Then more so, I want to thank them for being solid and not compromising
, 00:37:08:17 ,on privacy kind of.
, 00:37:10:16 ,He was there the whole way to make sure that we had
, 00:37:14:14 ,the full privacy, but we also realized is at a certain point businesses still
, 00:37:16:11 ,have to operate.
, 00:37:20:03 ,And we can't just put on a lot of legislation to make privacy better
, 00:37:23:21 ,on the citizen rights side, but make it so burdensome that
, 00:37:27:07 ,a small business can't actually operate.
, 00:37:27:13
, 00:37:30:20 ,So we realized we still need to work with these people.
, 00:37:32:19 ,I had some additional thoughts.
, 00:37:32:29
, 00:37:38:04 , DANIEL ZOLNIKOV: 26 years old, first time serving, still a lot to learn.
, 00:37:39:15 , ERIC FULTON: Yeah, yeah.
, 00:37:40:15 ,We had to grow.
, 00:37:42:06 ,There's a lot of informal opportunities we didn't
, 00:37:44:08 ,realize had to be done.
, 00:37:46:29 ,We didn't fund raise.
, 00:37:50:29 ,You need money to push ideas, apparently.
, 00:37:51:29 ,(laughter).
, 00:37:54:04 ,However, we're working on it we didn't have
, 00:37:58:20 ,a story that basically people could latch on.
, 00:38:00:07 ,We didn't have a story that people could look
, 00:38:03:14 ,at it say oh, my gosh, this is why I need privacy.
, 00:38:06:20 ,To a limited extent we now have that story with Prism.
, 00:38:07:04
, 00:38:11:19 ,So there was some funny, unexpected results that came out of it.
, 00:38:13:01 , DANIEL ZOLNIKOV: Okay.
, 00:38:16:19 ,So this is an award that I received from another fellow representative.
, 00:38:19:21 ,The owner of the black helicopter for representative Daniel Zolnikov
, 00:38:24:26 ,for the outstanding conspiracy theory from the man in the yellow hat.
, 00:38:27:14 ,He gave me a black helicopter.
, 00:38:30:22
, 00:38:34:12 , ERIC FULTON: Have you talked to him since did he that?
, 00:38:34:19
, 00:38:38:02 , DANIEL ZOLNIKOV: I spoke to him, and he said he's sorry and that
, 00:38:41:15 ,he definitely supports my legislation now.
, 00:38:42:16 ,(laughter).
, 00:38:52:10
, 00:38:54:04 ,Another thing is the lobbyists took me
, 00:38:56:05 ,a little less serious.
, 00:38:57:29 ,Some took me more serious.
, 00:38:59:12 ,If they went against anything I was doing,
, 00:39:02:06 ,they spoke to me because they knew I could care less
, 00:39:04:08 ,on their stances in that I was not okay
, 00:39:09:02 ,with the whole special interest thing, not keeping other people in mind.
, 00:39:13:07 ,So I get taken a little less serious by some who don't speak to me at all.
, 00:39:13:17
, 00:39:16:27 ,Those are the ones I respect a little bit less anyway.
, 00:39:19:01 ,Then there are some that I talk with and they make sure where I'm
, 00:39:21:04 ,at and they see where I'm at.
, 00:39:22:04 ,It's a good thing.
, 00:39:26:02 ,It's a lot better communications and it's served a lot better.
, 00:39:26:07
, 00:39:31:05 ,A lost groups and representatives know my groups on special interest.
, 00:39:33:20 ,I'm not serving as special interest.
, 00:39:35:18 ,I'm serving on what's best for people.
, 00:39:38:17 ,I thought that's what government was for.
, 00:39:41:04 ,My election will be a lot tougher.
, 00:39:43:04
, 00:39:46:08 ,Now I'm getting a lot of support, so it's fine.
, 00:39:51:04
, 00:39:52:09 ,(applause).
, 00:39:53:14
, 00:39:57:13 , We had seven points and we'll break it down into seven individual topics so
, 00:40:00:15 ,each one can have a compelling story, so we can build support
, 00:40:02:18 ,and work with people.
, 00:40:02:29
, 00:40:04:19 ,We'll create clear cases.
, 00:40:08:13 ,We'll work with businesses so they understand our goals
, 00:40:12:28 ,and that we understand their hardships to a point.
, 00:40:13:11
, 00:40:17:06 ,Because at a certain point businesses would rather just not worry about it.
, 00:40:20:23 ,I've got their information, I'm not going to worry about securing it.
, 00:40:22:14 ,So it's about building a balance.
, 00:40:22:22
, 00:40:25:06 ,So we have a goal.
, 00:40:28:13 , DANIEL ZOLNIKOV: Consent.
, 00:40:30:04 ,It's only two pages.
, 00:40:30:11
, 00:40:32:14 ,It's the first part of the bill.
, 00:40:33:18 ,Consent is the most important part
, 00:40:36:16 ,because it says that this information being collected
, 00:40:40:05 ,is actually your information, not the people or the organizations
, 00:40:42:29 ,or departments that collect it.
, 00:40:44:11 ,It's not their information.
, 00:40:45:11 ,It's still yours.
, 00:40:47:03 ,So consent implies just that.
, 00:40:49:10 ,If you give consent, most people give consent anyway,
, 00:40:53:17 ,but we need to to say that this actually does belong to me.
, 00:40:55:21 ,It's the first step the ladder to privacy.
, 00:40:58:19 ,If there's time, we have some more laws on the book.
, 00:40:59:06
, 00:41:02:01 ,There's the protecting sources of the press.
, 00:41:04:09 ,I think this is one of the most important ones.
, 00:41:06:12 ,We're playing around with that one still.
, 00:41:07:12 ,(applause).
, 00:41:10:29 ,First Amendment, we need to start legislating our rights.
, 00:41:12:26
, 00:41:15:03 ,We need to start today.
, 00:41:17:27 ,That includes protecting the press and also allowing citizens
, 00:41:22:22 ,to disable black boxes from their cars, something along those lines.
, 00:41:23:02
, 00:41:25:14 ,You drive around, you should not be having collecting
, 00:41:29:10 ,evidence against yourself for possible future cases.
, 00:41:30:04 ,The last one is any automated license plate
, 00:41:33:02 ,scanning and collection for the state of Montana.
, 00:41:35:01
, 00:41:36:08 ,(applause).
, 00:41:38:07 ,They're currently banned in Montana.
, 00:41:41:14
, 00:41:43:24 ,We're working on it.
, 00:41:44:03
, 00:41:45:08 , ERIC FULTON: We're in our final minutes,
, 00:41:47:06 ,so we're speeding up.
, 00:41:50:23 ,It all leads to privacy legislation.
, 00:41:54:20 ,Montana is a test bed for privacy, a test bed for other legislation so other
, 00:41:59:20 ,states can say this will never happen, you can go Montana did it.
, 00:42:01:24 ,States rights setting a legal precedent for privacy
, 00:42:05:06 ,and working for citizens and not lobbyists.
, 00:42:10:05
, 00:42:15:19 ,It's hard to get angry this early in the morning, but we're almost done.
, 00:42:16:28 ,We're almost done.
, 00:42:17:04
, 00:42:18:15 ,And I'm going to read you something
, 00:42:22:01 ,from Wire Magazine that gets me a little annoyed, a little angered,
, 00:42:23:20 ,if you will.
, 00:42:26:19 ,And so I think you will, too, when you hear it.
, 00:42:27:22 ,"
, 00:42:30:01 ,The Obama administration for the first time responded
, 00:42:32:25 ,to the spy gate lawsuit telling a federal judge
, 00:42:36:15 ,the wholesale vacuuming up of phone data in the United States
, 00:42:40:18 ,is in the public interest does not breach the constitutional rights
, 00:42:45:04 ,of Americans and cannot be challenged in a court of law."
, 00:42:45:15
, 00:42:47:29 ,I put emphasis, that the executive branch is telling
, 00:42:52:00 ,the judicial branch that they cannot challenge that.
, 00:42:52:05
, 00:42:54:00 ,I submit when the people can no longer challenge
, 00:42:56:18 ,the government, that government cannot necessarily be
, 00:42:58:17 ,called a democracy.
, 00:43:00:20
, 00:43:02:02 ,(applause).
, 00:43:04:03
, 00:43:07:02 ,At the end of the day, all of us are responsible
, 00:43:10:09 ,for the policies that we live under.
, 00:43:12:10 ,So there's still power and mistakes.
, 00:43:15:04 ,We do more than pay attention.
, 00:43:16:05 ,Do more than.
, 00:43:16:11
, 00:43:18:09 ,If you don't like politics, go vote.
, 00:43:20:14 ,I submit take it one step further.
, 00:43:21:23 ,Become a legislator.
, 00:43:23:16
, 00:43:27:01 ,We already have laws based on two people that have full time jobs
, 00:43:29:23 ,and felt like making a difference.
, 00:43:33:16 ,So with that, if you feel like donating to us.
, 00:43:35:10
, 00:43:36:19 ,(laughter).
, 00:43:38:04
, 00:43:42:05 , Eric and I are both running the next time in Montana.
, 00:43:44:09 ,The whole thing is if you stand up to special interest,
, 00:43:47:29 ,sometimes you lose their support, but Montana has really low contribution
, 00:43:51:19 ,limits of like $160 a person, so the whole same thing when it's that low,
, 00:43:54:07 ,I can say good bye to those guys and hello to people
, 00:43:57:16 ,across the United States who support this type of legislation once
, 00:44:01:26 ,they see it being done somewhere and actually see it put through.
, 00:44:04:21 , ERIC FULTON: We also include our friend Mr. Bennett.
, 00:44:06:01
, 00:44:09:22 ,I won't donate to a Republican, we care about privacy.
, 00:44:10:28 ,He's also our friend.
, 00:44:12:25 ,If you want to make an effort and you want to do something
, 00:44:14:26 ,with dollars, right here.
, 00:44:16:22 ,Or if you want to contact us and work with us on legislation,
, 00:44:18:17 ,we love that, too.
, 00:44:20:07 ,So, guys, thank you.
, 00:44:25:07