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Banks are being here today first let's talk about the the -- tax -- the United States senate.
Taken a major step toward passing legislation that could soon well -- the supporters say level the playing field in terms of dot com business in terms of sales tax.
Trying to help mom and pop stores in neighborhoods and communities throughout the country what's your take on her.
My take is that taxes are too high and too much.
Activity that doesn't.
Require the support of the government -- being taxed by the government I -- the senate and the house wouldn't do this.
On the other hand.
The fact that the congress it's gonna say that states.
You may impose a tax.
On an Internet provider that is not physically located in your state.
May not meet constitutional Muster because the Supreme Court has ruled consistently as recently as in the mid 1990s.
That -- a corporation in order to be required to collect the tax.
Must have what's called minimum contacts with the taxing state.
So if I'm in New Jersey.
And I buy a product from an Internet service provider located in California.
And the product is shipped to me from Kentucky.
Does the Internet service provider have sufficient minimum contacts with New Jersey.
-- justified New Jersey imposing a tax on me and collecting the tax or even worse.
The justify New Jersey telling this California provider they have to collect the New Jersey tax.
From California and ship -- to Trenton, New Jersey in my opinion the answer is probably not.
Unless the Supreme Court is gonna change its view of due process.
Due process which the fourteenth amendment imposes on the states and the Fifth Amendment imposes on the federal government.
But you can't just tax anything you want -- to be some relationship between the activity taxed.
And the state doing that taxing the taxpayer and the person who provides the service that.
Forms the basis for the tax.
Also -- -- -- small online business is it creates quite a nightmare in terms you know how much -- we collect where we sending the money and and I think there's some concern about whether you know these entrepreneurs he's 21 century entrepreneurs.
We're trying to launch a business we're trying to hire people then have all this red tape they have to deal with in terms of doing business.
Right about that will deter a lot of the entrepreneur hours which will reduce the amount of choices that consumers have.
Look Mike you started out by asking me.
-- It is this gonna help mom and pop the best thing they can do to help mom and pop is to remove the tax on them.
Not to get an equivalent tax on someone else taxes.
-- everybody money that tax Payer.
And the tax -- you just pointed out because of the red tape imposed by the government.
You want to help -- class of business people.
Who seemed to be losing the war.
Remove that -- their obligation to collect taxes and you'll see their businesses -- They'll have more money to invest more money to advertise more money to to offer services and goods that they can't afford right now.
Another hot topic in the news of course is you know what.
Suspected terrorists may be doing on -- how are they learning perhaps to build bombs after.
Seen the example in Boston and now there's talks if dot com companies if Internet providers are not complying with -- wiretap orders.
Judge your thoughts on this topic and where things are going.
The FBI has I mean a several part request of the congress for legislation and make its job easier.
The FBI already has the Patriot Act which permits federal agents to write their own search warrants.
For physical things documents in the possession of a custodian of records.
Like your phone bill your doctor -- your hospital bill -- or your lawyers records even your.
Your hard -- -- the post office the FBI can authorize itself to get these things even -- the Fourth Amendment.
Says that only a judge can issue a search warrant based on probable course now the FBI's complaining that even when we do get.
A search warrant issued by -- judge based on probable cause to Internet service providers.
We can't serve -- fast enough meaning if we want Mike Emanuel -- emails in real time.
By the time we get a search warrant he stopped emailing.
And by the time we get the search warrant and show up at his Internet service provider.
He stopped emailing.
So we want a law which will force the Internet service provider you give us a switch in an FBI office whereby we can just throw the switch.
And get Mike Emanuel is seen as a by the way we don't have time I'm paraphrasing the FBI.
In this morning's Washington Post to go to -- judging get a search while we -- -- have a throw that switch without a judge without a search warrant.
And without showing up at the Internet service providers office.
What they really wanted to get rid of the Fourth Amendment because and I -- -- in the right to privacy.
They're just interested in making their job easier.
Do we want to live in a world.
Where the government can arrest anybody wants to listen any conversation don't want to break down any sort once I submit no we don't want to live -- that kind of world.
But that's the world we will live in.
If we continue to got the Fourth Amendment which protects the right to privacy which Jefferson called the right to be left alone.
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