Legislature(1999 - 2000)
04/10/2000 01:28 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 401-COMPUTER NETWORKS AND SPAM ADS CHAIRMAN KOTT announced that the final order of business would be HOUSE BILL NO. 401, "An Act relating to computer networks and to electronic mail advertisements." [Before the committee was CSHB 401(L&C), labeled LS1470\H.] REPRESENTATIVE ROKEBERG testified as the sponsor of HB 410. He explained that HB 401 creates a criminal penalty for interrupting utility services on computer networks. This is punishable as a class B felony. He pointed out that Section 2 of the bill defines "utility", and Section 4 prohibits the sending of unsolicited mail via electronic mail and provides that the Internet service providers be the arbiters. Number 2143 ANNE CARPENETI, Assistant Attorney General, Legal Services Section - Juneau, Criminal Division, Department of Law, said that the department has concerns with Sections 1 and 2 of HB 401. She pointed out that Section 1 amends criminal mischief in the first degree, which is a class B felony. The law now makes criminal conduct that interferes with utilities and other service providers that deal with life and health. The addition in HB 401 would make it a class B felony to interrupt services over a computer [being used] such as shopping on the computer. Therefore, Ms. Carpeneti felt it more appropriate to place this new prohibition in criminal mischief in the second degree, which is a class C felony. Such a placement would be consistent with what the legislature is doing in terms of criminal use of a computer. She suggested that the committee consider placing this criminal law in AS 11.46.482(a), which would result in this being a class C felony rather than a class B felony. REPRESENTATIVE ROKEBERG posed a situation in which an individual places a wrench into an electrical substation and knocked it out intentionally. He inquired as to what that would be considered [in terms of punishment]. MS. CARPENETI answered that it would probably come under [criminal mischief in the] first degree. REPRESENTATIVE ROKEBERG interjected, "That's what this is." REPRESENTATIVE KERTTULA pointed out that if an individual tampers with an oil or gas pipeline or a supporting facility of an airplane or helicopter, it is a [class] C felony. REPRESENTATIVE ROKEBERG remarked that [in this case] it would not be hampering [the service] but rather shutting it down. This is a denial service attack, which shuts down the entire server and the ISP [Internet service provider] that is similar to shutting down a utility server. MS. CARPENETI commented that one would not be dealing with life and health issues. REPRESENTATIVE ROKEBERG stated that it addresses substantial economic harm. MS. CARPENETI remarked that economic harm would be more appropriate as second degree criminal mischief. REPRESENTATIVE ROKEBERG indicated that he was agreeable to that. Number 2349 REPRESENTATIVE MURKOWSKI moved that the committee adopt Amendment 1, which read: Page 1, lines 3-15: Delete all material and insert: "Section 1. AS 11.46.482(a) is amended to read: (a) A person commits the crime of criminal mischief in the second degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with intent to damage property of another, the person damages property of another in an amount of $550 or more; (2 )the person tampers with an oil or gas pipeline or supporting facility or an airplane or helicopter with reckless disregard for the risk of harm to or loss of the property;[OR] (3) the person recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of widely dangerous means; (4)[Repealed, sec. 11 ch 71 SLA 1996.] (5)[Repealed, sec. 11 ch 71 SLA 1996.] (6) with intent to cause a substantial interruption or impairment of a service rendered to the public by another person over a computer network, the person causes substantial interruption or impairment of service to the public." Page 2, lines 1-14: Delete all material There being no objection, Amendment 1 was adopted. Number 2394 REPRESENTATIVE MURKOWSKI moved to report CSHB 401(L&C) as amended out of committee with individual recommendations and the accompanying indeterminate fiscal notes. There being no objection, it was so ordered and CSHB 401(JUD) was reported from the House Judiciary Standing Committee.
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