He reviewed the draft bill before it was introduced and attended hearings during the Legislature. As co-founder of Citizens Against Pornography, he signed his name to newspaper opinion letters. And he was right beside Gov. Jon Huntsman Jr. the other day when the governor held a ceremonial bill-signing event in his office with the sponsor and key supporters.
Sunderlage also happens to be President and CEO of ContentWatch, a Salt Lake City-based company that produces Internet blocking software, raising questions about a potential conflict of interest.
He says his business has not benefited financially since lawmakers approved House Bill 260, insisting the company only produces software for individual computer users and small businesses. But a ContentWatch salesman shopped company software to at least one Utah Internet service provider after the session ended March 2.
Sunderlage rejects the notion he was creating business for his company when he pushed the legislation as a citizen activist. If anything, he says, his business experience has shown him the dangers of the Internet in stark detail. "I've seen the harmful effects of pornography. I know how big the problem has become," Sunderlage says.
Highland Republican Rep. John Dougall's legislation requires the Utah attorney general's office to compile a list of "harmful" Web sites and compel Internet service providers (ISPs) to block access to such sites at a customer's request. Utah porn Web site builders will be required to label the content "harmful to minors" or face being charged with a class A misdemeanor.
Some industry officials and civil libertarians warn the law violates the U.S. Constitution's First Amendment and Commerce Clause.
The American Civil Liberties Union may sue.
Beyond issues of constitutionality, ACLU Director Dani Eyer says Utahns should be concerned about potential hidden agendas of those who lobby for particular legislation. "The public has the right to know and legislators ought to take into consideration what any confidential interests are of people who lobby and push for so-called 'morals' legislation," Eyer says.
But Dougall says he sought out Sunderlage's input. "I don't see a conflict on that," Dougall says. "I was working on this before I ever ran into Jack."
Sunderlage and former Olympic leader Fraser Bullock formed Citizens Against Pornography. ContentWatch's Chairman Brent Bishop also is a member and attended the bill-signing ceremony. Both Bishop and Bullock donated to Huntsman's campaign: Bishop gave $500 and Bullock and his wife gave $10,000.
Meantime, ContentWatch sells a buffet of blocking software - ContentProtect, EmailProtect, VirusProtect and PopupProtect - for home users. ContentWatch is preparing an educational DVD for Utah parents titled "Pornography: The Great Lie" for sale at LDS Church-owned Deseret Book. The company also offers "partnerships" to ISPs who will resell ContentWatch software to their clients.
Salt Lake City-based XMission got a call from a ContentWatch salesman two weeks after the 2005 Legislature ended. XMission Technical Manager Grant Sperry says the conversation was equal parts sales pitch and chat about the legislation. XMission already uses a filtering system and never pursued a partnership with ContentWatch.
Other local ISP managers said they have not been called by the company.
Sunderlage says if Utah ISPs comply with the new law, there will be no need for Utahns to buy ContentWatch's software. "I was arguing against what our company and our product does," Sunderlage says. "If the ISPs were doing their job, people would be less likely to buy our product."
The Chicago-based Better Government Association's Jay Stewart says there's nothing illegal - or at all surprising - about what Sunderlage did.
"Businesses lobby for laws that are designed to benefit them," Stewart says. "From a common sense perspective, it may smell funny. But legally, you can do it."

