Legislature(2017 - 2018)BARNES 124

03/30/2018 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 384 REGULATORY COMM OF AK; BROADBAND INTERNET TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 230 TELECOMMUNICATIONS & INTERNET PRIVACY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 15 E-CIGS/TOBACCO/NICOTINE & MINORS; SALES TELECONFERENCED
Moved HCS CSSB 15(L&C) Out of Committee
-- Public Testimony --
+= SB 165 COMPREHENSIVE HEALTH INSURANCE FUND TELECONFERENCED
Moved SB 165 Out of Committee
-- Public Testimony --
+= SB 45 EXEMPTION: LICENSING OF CONTRACTORS TELECONFERENCED
Moved CSSB 45(FIN) Out of Committee
-- Public Testimony --
           HB 230-TELECOMMUNICATIONS & INTERNET PRIVACY                                                                     
                                                                                                                                
4:20:23 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  final order of business  would be                                                               
HOUSE  BILL  NO. 230,  "An  Act  relating  to the  collection  of                                                               
customer information  by telecommunications and  Internet service                                                               
providers; and  establishing an unfair  trade practice  under the                                                               
Alaska Unfair Trade Practices and Consumer Protection Act."                                                                     
                                                                                                                                
4:20:36 PM                                                                                                                    
                                                                                                                                
PATRICK  FITZGERALD,  Staff,   Representative  Harriet  Drummond,                                                               
Alaska  State  Legislature,  reintroduced  HB 230  on  behalf  of                                                               
Representative  Drummond,  prime  sponsor.   He  paraphrased  the                                                               
sponsor statement  which reads  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     House Bill 230  restricts any telecommunication service                                                                    
     or internet  service provider from  collecting personal                                                                    
     information of  a private customer without  the consent                                                                    
     of the  customer to protect the  privacy and individual                                                                    
     liberty of every Alaskan.                                                                                                  
                                                                                                                                
     Alaska is  one of  the most  independent states  in the                                                                    
     Union  which  is reflected  by  the  citizens who  live                                                                    
     here. In  a time  of the most  technologically advanced                                                                    
     society,  Alaskans  pride themselves  on  independence,                                                                    
     individual  liberty  and  privacy. HB230  will  protect                                                                    
     privacy of  Alaskans' personal information stored  on a                                                                    
     cyber based utility.                                                                                                       
     Cell  phones, computers,  laptops and  tablets are  all                                                                    
     modern tools  with which private  citizens are  able to                                                                    
     conduct commerce  and trade.  Online shopping  and bill                                                                    
     paying   have    become   very   popular    with   easy                                                                    
     accessibility  to  businesses  and providers.  Many  of                                                                    
     these devices  have the capability to  retain memory of                                                                    
     any  account  number,  social security  number,  credit                                                                    
     card  information,   medical  information   and  online                                                                    
     purchases.  Passing  HB  230 will  put  into  law  that                                                                    
     telecommunication   companies   and  internet   service                                                                    
     providers  must be  given consent  by the  user of  any                                                                    
     service or  device before selling, trading,  or gifting                                                                    
     information entered by a private citizen.                                                                                  
                                                                                                                                
     HB230 prevents  discrimination of users who  decline to                                                                    
     allow   the   sharing   of  personal   information   by                                                                    
     telecommunication   companies   and  internet   service                                                                    
     providers. HB230 simply  restricts large companies from                                                                    
     selling  information  of  a   private  citizen  to  the                                                                    
     highest bidder without the consent of the user.                                                                            
     Passing  HB230 will  assure  users  of cyber  connected                                                                    
     devices that  no information  is collected  without the                                                                    
     express  written  consent  of  the  user.  HB230  keeps                                                                    
     Alaskans'    information   private,    preserving   the                                                                    
     individual liberty and independence of every Alaskan.                                                                      
                                                                                                                                
4:22:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BIRCH  shared   his  concern   about  unintended                                                               
consequences with the proposed bill.                                                                                            
                                                                                                                                
MR.  FITZGERALD emphasized  that the  aim  is not  to accuse  any                                                               
Alaska  ISP of  acting in  the  way described  in the  bill.   He                                                               
stated  the interest  is in  putting  something in  place in  the                                                               
absence of federal law.                                                                                                         
                                                                                                                                
REPRESENTATIVE  BIRCH  said  that  it  strikes  him  there  is  a                                                               
presumption of guilt.                                                                                                           
                                                                                                                                
4:25:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL said  he wonders how the effects  of the bill                                                               
"will play out."                                                                                                                
                                                                                                                                
MR. FITZGERALD answered  that ISPs have contracts.   He said that                                                               
if ISPs are found to  be selling information without consent, the                                                               
bill would provide for civil recourse.                                                                                          
                                                                                                                                
REPRESENTATIVE  WOOL  asked  whether the  behavior  is  occurring                                                               
currently.                                                                                                                      
                                                                                                                                
MR.  FITZGERALD answered  the legislation  was  suggested by  the                                                               
Council  of State  Governments in  reaction to  the roll-back  of                                                               
federal legislation.                                                                                                            
                                                                                                                                
REPRESENTATIVE   WOOL  asked   whether  the   proposed  bill   is                                                               
preemptive.                                                                                                                     
                                                                                                                                
4:31:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIET   DRUMMOND,  Alaska   State  Legislature,                                                               
reintroduced  HB 230  as prime  sponsor.   She answered  that the                                                               
proposed bill does  not have anything to do  with net neutrality.                                                               
She described  the legislative internet  offering in  the Capitol                                                               
Building.  She  said  the  bill would  pertain  to  business  and                                                               
resident internet contracts.                                                                                                    
                                                                                                                                
CHAIR KITO asked  whether Alaska ISPs are  not currently treating                                                               
consumers with respect.                                                                                                         
                                                                                                                                
REPRESENTATIVE   DRUMMOND   answered   the   proposed   bill   is                                                               
preemptive.                                                                                                                     
                                                                                                                                
CHAIR KITO  noted there  is a  penalty section in  the bill.   He                                                               
asked what the penalty is for violation of the provision.                                                                       
MR. FITZGERALD  shared his understanding that  penalties would be                                                               
established by the department governing the issue.                                                                              
                                                                                                                                
CHAIR KITO asked to receive information on penalties.                                                                           
                                                                                                                                
4:35:38 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO stated  that public  testimony is  still open.   Upon                                                               
ascertaining  that no  one was  available to  testify, he  closed                                                               
public testimony on HB 230.                                                                                                     
                                                                                                                                
4:36:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH stated  he  does not  support the  proposed                                                               
bill.                                                                                                                           
                                                                                                                                
4:37:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL said  he would like to  have more information                                                               
on the proposed bill.                                                                                                           
                                                                                                                                
CHAIR KITO held over HB 230.                                                                                                    

Document Name Date/Time Subjects
SB015 Letter of Support 3.30.18.pdf HL&C 3/30/2018 3:15:00 PM
SB 15
HB230 Supporting Document ACLU.pdf HL&C 3/30/2018 3:15:00 PM
HB 230
HB384 Supporting Document FCC Commissioner Pai Alaska Plan Dissent 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Supporting Document FCC Commissioner Rosenworcel on New National Broadband Map 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Supporting Document NCSL List of State Broadband Statutes.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Supporting Document RCA Enabling Statutes 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Ver A.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Fiscal Note DCCED RCA 3.23.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Legal Memo 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Sponsor Statement 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
SB045 Opposition Document - Zoning, Land-use Planning, and Housing Affordability.pdf HL&C 3/30/2018 3:15:00 PM
SB 45
HB384 Supporting Document Restoring Internet Freedom Jurisdictional Excerpt 3.28.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384
HB384 Opposition Letters 3.30.18.pdf HL&C 3/30/2018 3:15:00 PM
HB 384