Legislature(1999 - 2000)
03/24/2000 03:45 PM House L&C
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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 ROKEBERG announced the next order of business would be HOUSE BILL NO. 401, "An Act relating to computer networks and to electronic mail advertisements." [Due to technical difficulty, part of the testimony on HB 401 was not recorded.] CHAIRMAN ROKEBERG, speaking as the sponsor of HB 401, indicated he had introduced the bill to cover two areas of importance. The first area deals with denial-of-service attacks. Approximately one month ago, various Internet firms were shut down by denial- of-service attacks resulting from the massive, instantaneous communication of information. This mass of information inundates systems and renders the system inoperable. HB 401 criminalizes this activity. The next area relates to anti-spamming provisions. Spamming is the receiving of multiple faxes and/or e-mails. Number 0426 JANET SEITZ, Staff to Representative Norman Rokeberg, came forward. She said the bill makes activity regarding denial-of- service attacks criminal mischief in the first degree, a class B felony. The bill outlaws interrupting public utility services; that is why, in Section 2, the definition of "utility" was changed to reflect the inclusion of communication services such as the Internet and its ancillary services. Section 4 relates to spamming and provides that an Internet service provider [ISP] policy is to be obeyed or followed. This section states that if a policy is violated, then a warning is received. If it is the second violation "they can kick you off or ... if they can't get you to stop, they can take other action." Nothing in the bill forces the ISP to adopt a policy; that is up to the ISP. A policy is considered to be "published" if it is available in a written form at no charge, or if the policy is displayed on an online notice. MS. SEITZ informed members that the bill also includes a definitions section. She indicated there is one amendment to the bill. She said Bill McCauley, Manager, Data Processing, Legislative Affairs Agency, does not feel that governments are covered on page 3, lines 25 through 27, because they have their own electronic mail service. She asked Mr. McCauley if this is correct. BILL McCAULEY, Manager, Data Processing, Legislative Affairs Agency, said that is correct. CHAIRMAN ROKEBERG asked, "Well, should it [cover governments]?" MS. SEITZ responded that it is a policy decision for the committee to make. She believes that Mr. McCauley would suggest doing so. CHAIRMAN ROKEBERG wondered if an amendment needs to be made to the definition of "electronic mail service provider" to include governments. MS. SEITZ suggested "governmental entity, business or organization" as a conceptual amendment. Number 0561 REPRESENTATIVE MURKOWSKI made a motion to adopt the committee substitute to HB 401, Version G [1-LS1470\G, Luckhaupt, 3/23/00] as a working draft. There being no objection, it was so ordered. REPRESENTATIVE MURKOWSKI referred to the definition of "utility" and asked what would constitute an ancillary service to the Internet. MS. SEITZ said there was some discussion that something may have been inadvertently left out. To cover that, "and its ancillary services" was used. She asked Mr. McCauley what that might cover. MR. MCCAULEY replied that it would cover the Internet. CHAIRMAN ROKEBERG said it covers ISPs, and the Internet and its ancillary services. He said Representative Murkowski's question was good and begs a reasonable answer, but he is not sure one can be provided. MS. SEITZ commented: I think that it was added to cover WANs and LANs and to make it clear - that's local area networks [LAN] and wide area networks [WAN] - that those were part of the Internet, if anybody ever asked. CHAIRMAN ROKEBERG said that is the physical scope of the Internet. He added, "What we're doing here, in terms of utilities, is talking about the channel of communication, basically." REPRESENTATIVE MURKOWSKI wondered if this could not include the person who provides help with a person's Internet service. CHAIRMAN ROKEBERG replied, "What we're talking about is it interrupting that - we're disturbing this service." CHAIRMAN ROKEBERG asked Ms. Seitz if "utility" is a generic definition that is being fixed. MS. SEITZ responded yes. CHAIRMAN ROKEBERG wondered if "ancillary services" would be left in. REPRESENTATIVE MURKOWSKI explained that she is concerned that "ancillary services" might include something unintentionally. She understands that the purpose is to ensure that nothing has been forgotten. She wonders whether it more dangerous to forget something or to include something. She does not know. Number 0719 CHAIRMAN ROKEBERG stated, "Right now, everything changes so fast in the Internet world that it's hard to keep up with it." He wondered if anyone has any questions or suggestions. MR. MCCAULEY commented: When you're talking communications, that's telephone, television, radio, Internet. I don't know if that's what you intend to include, but those are communications, utilities. CHAIRMAN ROKEBERG indicated that is the idea. He said, "We wanted to amend that to make sure that the Internet and any ISPs (indisc.) communication services for the purposes of the criminal statute." CHAIRMAN ROKEBERG made a motion to adopt conceptual Amendment 1, adding "government entity" on page 3, line 25, after "business". There being no objection, conceptual Amendment 1 was adopted. MS. SEITZ indicated there was another amendment [Amendment 2], which read: Page 2, line 24: After "more people" Delete: "and" Insert: "or" Page 2, line 30: After "more people" Delete: "and" Insert: "or" MS. SEITZ explained: The way the bill reads right now, on line 24 and line 30, the user would have to have been previously sent an unsolicited advertisement to 25 or more people "and" previously been warned. It would have to do both of those things. And the suggested amendment inserts "or" instead of "and". CHAIRMAN ROKEBERG made a motion to adopt Amendment 2. There being no objection, Amendment 2 was adopted. Number 0972 REPRESENTATIVE HALCRO made a motion to move CS for HB 401, Version G [1-LS1470\G, Luckhaupt, 3/23/00], as amended, out of committee with individual recommendations and the attached three indeterminate fiscal notes. There being no objection, CSHB 401(L&C) moved out of the House Labor and Commerce Standing Committee.
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