01/24/2007 01:00 PM House JUDICIARY

HB 7 - FALSE CALLER IDENTIFICATION                                                                                            
                                                                                                                                
2:39:23 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE   BILL  NO.   7,   "An  Act   relating   to  false   caller                                                               
identification."                                                                                                                
                                                                                                                                
2:40:04 PM                                                                                                                    
                                                                                                                                
DIRK  MOFFATT, Staff  to Representative  Bob  Lynn, Alaska  State                                                               
Legislature,  presented HB  7 on  behalf of  Representative Lynn,                                                               
one of  the bill's  prime sponsors.   He  began by  relaying that                                                               
although the technology to fool caller  ID isn't new, there is an                                                               
entire industry that  deals in caller ID spoofing.   He explained                                                               
that for the price  of a $10 calling card, one  can call a number                                                               
and dial in the false  information that the individual desires to                                                               
be  displayed.   The aforementioned  could lead  to some  serious                                                               
mischief, he  opined, and informed  the committee that  last year                                                               
U.S.  Congressman Tim  Murphy of  Pennsylvania testified  on this                                                               
issue  as a  victim of  caller ID  spoofing.   He noted  that the                                                               
committee  packet  should include  other  examples  of caller  ID                                                               
spoofing.   House  Bill 7,  he offered,  will make  it a  class B                                                               
misdemeanor for  anyone -  with the  exception of  legitimate law                                                               
enforcement,  intelligence, and  security agencies  - to  falsify                                                               
caller  ID information.   In  conclusion, Mr.  Moffatt asked  for                                                               
members' support of HB 7.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that the  language of  HB 7  is                                                               
unclear  regarding  whether  each  call  would  be  considered  a                                                               
separate offense  or whether  it must be  a continuous  course of                                                               
conduct that  would constitute  one offense.   He  suggested that                                                               
making each  call a separate  offense would put "some  real teeth                                                               
into this."                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  indicated that  he would discuss  the matter                                                               
further with Representative Gruenberg.                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL expressed  an interest  in learning  what                                                               
resources would be needed to  implement this legislation and take                                                               
a class B misdemeanor through  court to its final conclusion, and                                                               
asked which  agency would  primarily handle the  cases.   He also                                                               
asked  about  the  practical  workings  of  the  cases,  such  as                                                               
possible problems with technology and obtaining proof.                                                                          
                                                                                                                                
MR.  MOFFATT pointed  out that  currently the  legislation has  a                                                               
zero fiscal note because the  agencies contacted don't see caller                                                               
ID spoofing  as a  large problem  yet.   He acknowledged  that it                                                               
could be difficult to catch someone spoofing caller ID.                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL expressed an  interest in hearing from the                                                               
Department  of Public  Safety  (DPS) and  the  Department of  Law                                                               
(DOL)  because  he  has  seen  that  there  are  difficulties  in                                                               
applying misdemeanor laws in Alaska.                                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN concluded  by  highlighting the  need to  be                                                               
proactive on this issue as HB 7 attempts to do.                                                                                 
                                                                                                                                
[HB 7 was held over.]