Legislature(2017 - 2018)GRUENBERG 120

03/21/2018 01:00 PM JUDICIARY

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                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 21, 2018                                                                                         
                           1:02 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Representative Matt Claman, Chair                                                                                               
Representative Jonathan Kreiss-Tomkins, Vice Chair                                                                              
Representative Louise Stutes                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Chuck Kopp                                                                                                       
MEMBERS ABSENT                                                                                                                
Representative Lora Reinbold                                                                                                    
Representative Charisse Millett (alternate)                                                                                     
Representative Tiffany Zulkosky (alternate)                                                                                     
COMMITTEE CALENDAR                                                                                                            
HOUSE BILL NO. 328                                                                                                              
"An Act relating to biometric  information and to the collection,                                                               
use,  storage, and  disclosure  of  geolocation information;  and                                                               
establishing  an unfair  trade practice  under the  Alaska Unfair                                                               
Trade Practices and Consumer Protection Act."                                                                                   
     - HEARD & HELD                                                                                                             
SENATE BILL NO. 148                                                                                                             
"An  Act  relating  to  powers of  the  Alaska  Police  Standards                                                               
Council;  and  relating to  background  checks  for admission  to                                                               
police training programs and certification as a police officer."                                                                
     - HEARD & HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 328                                                                                                                  
SHORT TITLE: BIOMETRIC/GEOLOCATION INFO/TRADE PRACTICE                                                                          
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
02/05/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/18       (H)       JUD, L&C                                                                                               
03/21/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
BILL: SB 148                                                                                                                  
SHORT TITLE: BACKGROUND CHECKS FOR POLICE/TRAINING                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
01/18/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/18       (S)       STA, JUD                                                                                               
02/08/18       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/08/18       (S)       Moved SB 148 Out of Committee                                                                          
02/08/18       (S)       MINUTE(STA)                                                                                            
02/09/18       (S)       STA RPT  3DP 2NR                                                                                       
02/09/18       (S)       DP: MEYER, GIESSEL, EGAN                                                                               
02/09/18       (S)       NR: WILSON, COGHILL                                                                                    
02/26/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/26/18       (S)       Heard & Held                                                                                           
02/26/18       (S)       MINUTE(JUD)                                                                                            
03/02/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/02/18       (S)       Moved SB 148 Out of Committee                                                                          
03/02/18       (S)       MINUTE(JUD)                                                                                            
03/05/18       (S)       JUD RPT  1DP 3NR                                                                                       
03/05/18       (S)       DP: COGHILL                                                                                            
03/05/18       (S)       NR: WIELECHOWSKI, COSTELLO, KELLY                                                                      
03/14/18       (S)       TRANSMITTED TO (H)                                                                                     
03/14/18       (S)       VERSION: SB 148                                                                                        
03/15/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/18       (H)       JUD                                                                                                    
03/21/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
WITNESS REGISTER                                                                                                              
CERI GODINEZ, Staff                                                                                                             
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 328, presented the                                                              
legislation and sectional analysis on behalf of Representative                                                                  
Claman, prime sponsor.                                                                                                          
JOSEPH JEROME, Policy Counsel                                                                                                   
Center for Democracy and Technology                                                                                             
Washington D.C.                                                                                                                 
POSITION STATEMENT:  During the hearing of HB 328, testified in                                                               
support of the legislation.                                                                                                     
MATTHEW ERICKSON, Executive Director                                                                                            
Digital Privacy Alliance                                                                                                        
Chicago, Illinois                                                                                                               
POSITION STATEMENT:   During the hearing of HB  328, testified in                                                             
support of the legislation.                                                                                                     
PAM DICKSON, Executive Director                                                                                                 
World Privacy Forum                                                                                                             
Portland, Oregon                                                                                                                
POSITION STATEMENT:  During the hearing of HB 328, testified.                                                                 
MELISSA GOLDSTEIN, Legal Fellow                                                                                                 
America Civil Liberty Union of Alaska (ACLU Alaska)                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   During the hearing of HB  328, testified in                                                             
support of the legislation.                                                                                                     
MATHEW ERICKSON, Executive Director                                                                                             
Digital Privacy Alliance                                                                                                        
Unknown City, Illinois                                                                                                          
POSITION  STATEMENT:   During the  hearing of  HB 328,  discussed                                                             
online privacy legislation.                                                                                                     
BOB GRIFFITHS, Executive Director                                                                                               
Alaska Police Standards Council (APSC)                                                                                          
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the  hearing of SB 148, presented the                                                             
legislation and offered  a sectional analysis, by  request of the                                                               
ACTION NARRATIVE                                                                                                              
1:02:52 PM                                                                                                                    
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:02  p.m.  Representatives  Claman, Kreiss-                                                               
Tomkins, Eastman,  Kopp, and Stutes  were present at the  call to                                                               
order.   Representative  LeDoux  arrived as  the  meeting was  in                                                               
        HB 328-BIOMETRIC/GEOLOCATION INFO/TRADE PRACTICE                                                                    
1:03:28 PM                                                                                                                    
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL  NO. 328,  "An Act  relating to  biometric information                                                               
and  to   the  collection,  use,   storage,  and   disclosure  of                                                               
geolocation  information;   and  establishing  an   unfair  trade                                                               
practice under the Alaska Unfair Trade Practices and Consumer                                                                   
Protection Act."                                                                                                                
1:03:53 PM                                                                                                                    
CERI GODINEZ, Staff, Representative Matt Claman, Alaska State                                                                   
Legislature, presented the legislation and sectional analysis,                                                                  
and read her testimony as follows:                                                                                              
     Locational privacy refers to the  idea that we are able                                                                    
     to  pass  through  public   spaces  without  our  every                                                                    
     movement  being  systematically and  secretly  recorded                                                                    
     for  later  use.   While  locational  privacy may  have                                                                    
     seemed   like  a   given  just   over  a   decade  ago,                                                                    
     increasingly  our  movements  are  no  longer  private.                                                                    
     Sheer   location   information,  data   identifying   a                                                                    
     person's    whereabouts   generating    using   digital                                                                    
     information  process  through  the  internet  is  being                                                                    
     collected and  sold, frequently without  our knowledge.                                                                    
     Knowing  where an  individual  is  located often  means                                                                    
     knowing what that  person is doing.   This knowledge in                                                                    
     the hands of  advertisers, insurance agents, employers,                                                                    
     friends,  family,  and  complete strangers  could  have                                                                    
     undesirable    consequences    for   the    individual.                                                                    
     Similarly, biometric data,  physical characteristics of                                                                    
     an individual ranging from  voice to fingerprints plays                                                                    
     an  increasingly central  role in  the way  we interact                                                                    
     with technology.  It is  estimated that by 2020, nearly                                                                    
     90   percent   of   businesses   will   use   biometric                                                                    
     authentication.   It  is critical  that these  data are                                                                    
     used  and  stored  in  a responsible  way.    Unlike  a                                                                    
     password or user name, biometric  data is difficult, if                                                                    
     not  impossible   to  change.     If   comprised,  this                                                                    
     information   is  comprised   for  good.     Mismanaged                                                                    
     biometric  data in  a  commercial  setting could  allow                                                                    
     discriminatory   practices  based   on  appearance   or                                                                    
     genetic  makeup.   Facial recognition  technology could                                                                    
     allow  individuals  or  companies to  track  people  in                                                                    
     public  spaces  without  their  knowledge  or  consent.                                                                    
     House  Bill  328  seeks   to  ensure  that  geolocation                                                                    
     information   and   biometric   data   are   collected,                                                                    
     disseminated, and  stored in a  responsible transparent                                                                    
     way.      Unregulated,  geolocation   information   and                                                                    
     biometric  data  not   only  threaten  an  individual's                                                                    
     privacy  but also  threaten freedom  of expression  and                                                                    
     If  we consider  privacy to  be a  fundamental American                                                                    
     right,  then  we  need   to  consider  updating  Alaska                                                                    
     Statute to  protect individual  privacy in  the Twenty-                                                                    
     First  Century.   To this  end, Section  1 of  the bill                                                                    
     requires   that  before   collecting  an   individual's                                                                    
     biometric data,  the collector notified  the individual                                                                    
     that  the  data is  being  collected,  the purpose  for                                                                    
     which it  is being  collected, and  the length  of time                                                                    
     for  which  it will  be  stored.   The  collector  must                                                                    
     receive the  individual's consent to these  terms which                                                                    
     the individual  can revoke or  change at any time.   It                                                                    
     specifies  the circumstances  under  which a  collector                                                                    
     can  disclose  biometric  data   and  requires  that  a                                                                    
     collector  destroy biometric  data  that  is no  longer                                                                    
     needed  within   120-days.    Persons  found   to  have                                                                    
     intentionally  violated any  of these  requirements are                                                                    
     liable for  a $1,000  fine, except  in cases  where the                                                                    
     violation resulted  in profit for which  the penalty is                                                                    
1:06:33 PM                                                                                                                    
     Section 2 sets up similar  protocol for the handling of                                                                    
     geolocation information.   Prior to  collecting, using,                                                                    
     storing,  or  disclosing  an  individual's  geolocation                                                                    
     information,  the  person  must notify  the  individual                                                                    
     that  the  information  will   be  collected,  and  the                                                                    
     purpose  for which  it will  be  collected, provide  an                                                                    
     easy  online   means  for  accessing   the  information                                                                    
     collected,   and   obtain   express  consent   to   the                                                                    
     disclosure.     It   includes  exceptions   in  certain                                                                    
     emergency  situations,   such  as  when  a   parent  is                                                                    
     attempting to locate a child  or a person is attempting                                                                    
     to provide  emergency services.  Persons  found to have                                                                    
     intentionally  violated any  of these  requirements are                                                                    
     liable for  $1,000 or  the total  value of  the damages                                                                    
     incurred, whichever  is greater,  and any  other relief                                                                    
     the court deems appropriate.                                                                                               
1:07:17 PM                                                                                                                    
     Section 3  amends AS 45.50.471(b) to  include violation                                                                    
     of  geolocation  information  under the  terms,  unfair                                                                    
     methods of competition and unfair  or deceptive acts or                                                                    
     Section 4 applies Section 2 of this bill to contracts                                                                      
      entered into on or after the effective date of this                                                                       
     Section 5 replaces the phrase "this chapter" with "AS                                                                      
      18.13.010-18.13.100" [wherever] it appears in those                                                                       
CHAIR CLAMAN opened invited and public testimony on HB 328.                                                                     
1:08:38 PM                                                                                                                    
JOSEPH  JEROME,   Policy  Counsel,   Center  for   Democracy  and                                                               
Technology.    He  advised  that the  Center  for  Democracy  and                                                               
Technology  is  a  non-profit, non-partisan  technology  advocacy                                                               
organization.     He  explained  that  precise   geolocation  and                                                               
biometric data  are highly sensitive  pieces of  information that                                                               
reveal a great deal about  individuals.  Yet, for most Americans,                                                               
there  are  limited  restrictions  on when  this  information  is                                                               
collected and  how it  can be  used.   He described  that precise                                                               
geolocation data  takes just  two points of  data, when  using an                                                               
app at  a coffee shop  and then at  a grocery store,  to identify                                                               
more than 50 percent of folks.   In the event there are more data                                                               
points, it becomes much easier  to identify folks.  Location data                                                               
reveals various  information that  people might not  want shared,                                                               
including where  the person lives, travels,  works, and/or prays.                                                               
This information  is highly sought  after by industry  because it                                                               
allows   it  to   build   incredibly   detailed  profiles   about                                                               
individuals and, he pointed out,  the industry is aware that many                                                               
people are hesitant to share  this type of sensitive information.                                                               
Through  trade associations,  "companies have  spent millions  of                                                               
dollars  lobbying   in  any  kind  of   regulation  of  privacy,"                                                               
including  the simple  requirement to  ask people  for permission                                                               
before  they  use their  location  information.   He  noted  that                                                               
everything from  flashlight applications  to dating  services now                                                               
traffic in  location data.   Executives  of companies  that range                                                               
from  Ford Motor  Company  to  Movie Pass  have  talked up  their                                                               
ability to  track users  without their  knowledge.   He described                                                               
that it is reasonable to  require permission from individuals and                                                               
an important  manner in which  to create more  transparency about                                                               
who  is  collecting  and using  this  information.    Oftentimes,                                                               
people  tend to  believe  that their  devices  offer settings  to                                                               
control the  sharing of location information,  which is accurate,                                                               
except companies do  not simply rely on phone  GPS information to                                                               
confirm  a person's  location.   Advertising networks  and mobile                                                               
location   analytics  companies   have  repeatedly   gone  around                                                               
location  controls, (indisc.)  location  by snipping  information                                                               
from WiFi  networks which must necessarily  broadcast information                                                               
to let users  connect, but they also basically end  up creating a                                                               
digital map of our world.                                                                                                       
1:11:17 PM                                                                                                                    
MR. JERONE  explained that  the other component  of this  bill is                                                               
biometric  data, which  is  "who  we are"  and  it is  inherently                                                               
sensitive, using intrinsically identifiable  "and you just cannot                                                               
change  it."   It is  the Center  for Democracy  and Technology's                                                               
contention that  individuals need to have  control over biometric                                                               
data  technology (BDT)  systems that  wish to  micro-analyze "our                                                               
faces" to  figure out things  such as, sexual  orientation, race,                                                               
gender, and/or  mood.  Rather  than recognizing that  people need                                                               
to  be   given  information  about   biometrics  and   given  the                                                               
opportunity  to  decide  whether   "that's  okay,"  industry  has                                                               
repeatedly  resisted any  sort  of common  sense  limits on  this                                                               
1:12:21 PM                                                                                                                    
REPRESENTATIVE  EASTMAN  requested  the  definition  of  "private                                                               
person"  when  it  comes  to  geolocation  information,  and  how                                                               
government agencies are specifically exempted.                                                                                  
MR.  JEROME  responded  that  when  considering  HB  328,  it  is                                                               
important  to   consider  exactly   "who  you  want   to  cover."                                                               
Internally,  the  Center  for Democracy  and  Technology  debated                                                               
whether  biometric  data  includes  individuals.   He  offered  a                                                               
scenario  where, under  this bill,  perhaps  neighbors could  sue                                                               
neighbors because  they were deploying certain  technologies at a                                                               
neighborhood gathering,  or Thanksgiving,  so it is  important to                                                               
scope exactly who  the legislature wants covered  under the bill.                                                               
In the  event the committee  was concerned about  commercial uses                                                               
of these  technologies, he  pointed to  the lack  of transparency                                                               
which can impact, in some  respects, how government can sometimes                                                               
obtain  access  to  biometrics and  location  technologies.    In                                                               
general,  he  explained,  these  technologies  are  developed  by                                                               
private  companies  and  vendors  who  offer  their  services  to                                                               
commercial  stores  and  governmental   departments  alike.    He                                                               
contended that  there is a  tremendous lack of  transparency into                                                               
who these vendors  are, what sort of protections  they put around                                                               
this data, and to whom they  are offering this technology.  These                                                               
points,   he  offered,   are  absolutely   worth  debating   when                                                               
considering HB  328, and expressed  that the states are  the true                                                               
innovators on  privacy protections.   The industry will  say that                                                               
these  privacy  issues  can  be enforced  by  the  United  States                                                               
Federal Trade Commission, except  the United States Federal Trade                                                               
Commission is  limited in  its ability to  police privacy  and it                                                               
relies on the policies that companies  put in place.  Many times,                                                               
he said, those policies are put into place due to state law.                                                                    
1:15:12 PM                                                                                                                    
REPRESENTATIVE  STUTES asked  whether this  biometric information                                                               
is the  same information  that was breached  on Facebook  when it                                                               
was  discovered  that these  biometric  companies  had access  to                                                               
people's information and were selling it.                                                                                       
MR.   JEROME  responded   that  if   Representative  Stutes   was                                                               
discussing  the recent  events regarding  Facebook and  Cambridge                                                               
Analytica, he did  not believe that would be  captured under this                                                               
bill's definition of biometric.   In response to Chair Claman, he                                                               
explained  that the  impact of  what is  going on  currently with                                                               
Facebook does not involve biometric information.                                                                                
1:16:13 PM                                                                                                                    
MATTHEW ERICKSON,  Executive Director, Digital  Privacy Alliance,                                                               
advised  that the  Digital Privacy  Alliance includes  technology                                                               
companies, technologists, attorneys,  and academics who recognize                                                               
a  need for  better online  consumer privacy.   Additionally,  he                                                               
said,  he is  the  director  of Client  Services  at SpiderOak  a                                                               
secure cloud services technology  company that has been operating                                                               
since  2006.   He related  that  HB 328  is essentially  guarding                                                               
Alaskans' privacy  and seeks to  protect two  extremely sensitive                                                               
categories  of  data,  such as  biometric  data  and  geolocation                                                               
information.    Currently,  society   makes  use  of  geolocation                                                               
information  everywhere,  everything  from weather  forecasts  to                                                               
maps.  Unfortunately, he pointed  out, society has been turning a                                                               
blind  eye to  the negative  impacts of  the rampant  unregulated                                                               
data collection that came with  this technology for far too long.                                                               
Currently,   he   explained,   corporations  collect   and   sell                                                               
increasingly sensitive  information about  our lives  without our                                                               
knowledge  or consent,  and data  breaches occur  on a  seemingly                                                               
daily basis with the unencumbered  collection and use of personal                                                               
information.  Specifically, he  pointed out, location information                                                               
poses a serious privacy and  physical safety threat and headlines                                                               
involving the  tens of millions  of people exposed every  day are                                                               
becoming  so common  place that  society  is almost  numb to  the                                                               
exposures.    For  example,   the  recent  revelations  involving                                                               
Facebook  and   Cambridge  Analytica  wherein   Facebook  allowed                                                               
sensitive and  deeply personal information  to be  collected from                                                               
over 50  million people without  their knowledge or consent.   He                                                               
contended that  this is  just one  example of  increasingly large                                                               
amounts of data  collection on Alaskans and  Americans, and these                                                               
dangers are threats to both privacy  and safety.  He related that                                                               
this  past  July,  the  FBI  warned  parents  that  children  are                                                               
extremely  susceptible  to  the  dangers  of  the  collection  of                                                               
personal information  and that such  collection poses  threats to                                                               
both their privacy and physical  safety.  The National Network to                                                               
End   Domestic  Violence   (NNEDV)  warned   that  stalkers   are                                                               
increasingly  utilizing  technology  to stalk  people  prior  to,                                                               
during, and after committing sexual  violence.  In 2014, National                                                               
Public Radio (NPR)  conducted a survey of 70  shelters across the                                                               
nation and found  that 85 percent of the  shelters housed victims                                                               
whose  abusers had  tracked  them using  GPS  technology.   These                                                               
dangers are real, he stressed.   Unfortunately, there is a gap in                                                               
federal  and state  laws  that makes  tracking  a person  easier.                                                               
Under federal and  Alaska law, he advised, it is  illegal for one                                                               
person to  stalk another; however,  there are no statutes  at the                                                               
federal or Alaska state level  clearly prohibiting a company from                                                               
making and  selling an app  that allows someone else  to secretly                                                               
[obtain  this  information.]   Trust  is  good for  business  and                                                               
people  are choosing  to withdraw  from the  digital economy,  he                                                               
1:20:10 PM                                                                                                                    
PAM DICKSON, Executive Director,  World Privacy Forum, noted that                                                               
consent  is  prominent  in  HB 328,  where  consent  would  allow                                                               
patients the opportunity to offer  consent before being required,                                                               
potentially, to  give biometrics  in a healthcare  setting, which                                                               
is  unfortunately spreading  throughout  other states  and it  is                                                               
chilling on healthcare.   This legislation would  give people the                                                               
right to  consent in the  employment context, which  is extremely                                                               
important for victims  of crime, members of  law enforcement, the                                                               
judiciary,  and victims  of  domestic violence.    It also  gives                                                               
students  the right  to consent  to the  collection of  biometric                                                               
information,  including  "voc tech"  types  of  situations.   She                                                               
added  that  for any  multi-national  corporation  in the  United                                                               
States, as of  late May, they will be required  to obtain consent                                                               
under  the new  European  privacy law,  [General Data  Protection                                                               
Regulation (GDPR)].   The idea  of consent for biometrics  is one                                                               
that  has  definitely  already  been  legislated  in  most  other                                                               
countries and it has become  a best and well-known best practice.                                                               
Ms. Dickson advised  that the manner in which  the bill discusses                                                               
purpose   specification   is   moderate,   reasonable,   entirely                                                               
defensible, and well  written.  She related that "no  sale" is an                                                               
extremely important aspect of the  legislation, and she has spent                                                               
over  25 years  working on  (indisc.)  data broker  issues.   She                                                               
explained when  information can be  taken from a  person's retail                                                               
purchases all  the way to  their health data,  and it is  sold to                                                               
data brokers  and then used to  create all sorts of  mischief and                                                               
unpleasantness.  This legislation  would stop that from happening                                                               
in  areas of  biometrics,  of which  is  forthcoming and  already                                                               
taking  place,  she  offered.     This  legislation  also  allows                                                               
individuals  to  litigate  when  there  is  a  breach  and  their                                                               
biometric data is  illegally sold on the dark web.   She referred                                                               
to vulnerable populations and noted  that the World Privacy Forum                                                               
works with  victims of  crime, victims  of domestic  violence and                                                               
stalking,  law  enforcement, and  the  judiciary  because all  of                                                               
these   individuals   have   significant   safety   and   privacy                                                               
considerations.    These,  she  explained,  are  the  people  who                                                               
benefit  immediately  and  profoundly from  the  requirement  for                                                               
consent  because  they will  not  have  their identification  and                                                               
authentication  information  simply  grabbed  from  them  without                                                               
their knowledge or  consent.  This type of biometric  data can be                                                               
cross-walked to full  identity information and that  is where the                                                               
real risk is located, she stressed.                                                                                             
1:24:22 PM                                                                                                                    
MELISSA GOLDSTEIN,  Legal Fellow, America Civil  Liberty Union of                                                               
Alaska (ACLU Alaska), noted that  privacy is an essential Alaskan                                                               
value and that  the American Civil Liberty Union  of Alaska (ACLU                                                               
Alaska)   supports  HB   328   because   it  protects   Alaskans'                                                               
geolocation  and biometric  information.   Private companies  can                                                               
use  private  information  which specifically  affects  Alaskans.                                                               
She reminded  the committee  that earlier  today it  learned that                                                               
Google can track a person's  geolocational data, thereby, putting                                                               
together a timeline  map of everywhere a person has  been as long                                                               
as they have  Google on their phone.  She  referred to Facebook's                                                               
Deep  Space   Initiative,  what  it  means   to  share  biometric                                                               
information,  and   advised  that   Facebook  collects   data  of                                                               
individuals  in  photographs who  do  not  even have  a  Facebook                                                               
accounts as  long as one of  the person's friends has  a Facebook                                                               
account  and  uploads a  photo  of  the person,  thereby,  giving                                                               
Facebook access to the person's  facial information.  She pointed                                                               
out that it  is biometric data that cannot be  changed.  Facebook                                                               
has photos of over two billion  monthly users and all of a user's                                                               
friends and  their photos,  and according to  an engineer  of the                                                               
Facebook  Deep  Space  project,  this  is  a  system  that  could                                                               
recognize  the entire  population on  earth.   She stressed  that                                                               
without regulations in place, these  corporations can do whatever                                                               
they  like with  this  data  without advising  its  users.   This                                                               
activity  could  include  selling  this  private  data  to  third                                                               
parties at  a significant profit  and with  unknown consequences.                                                               
Industry  groups  like  (indisc.),  which is  heavily  funded  by                                                               
Facebook,  are trying  to (indisc.)  bills like  HB 328,  and she                                                               
urged  the  committee  to support  this  legislation  to  protect                                                               
Alaskans, so they  know where their data is going  and consent to                                                               
how their data is used.                                                                                                         
1:27:09 PM                                                                                                                    
CHAIR CLAMAN  referred to Ms.  Goldstein's testimony  that Google                                                               
can timeline every place a  person has traveled and asked whether                                                               
the Google Maps app must be on,  or whether it is simply the fact                                                               
that the person has a Google mail account.                                                                                      
MS.  GOLDSTEIN  answered that  it  depends.    In the  event  the                                                               
location services are  turned on, even if it simply  an email app                                                               
on your phone that is never  sign out, if a person allowed Google                                                               
to  track  their location,  the  map  will  populate.   She  then                                                               
offered Google cite as follows:  Google.com/maps/timeline?PB.                                                                   
CHAIR  CLAMAN surmised  that if  he had  turned off  the location                                                               
services, he could not be followed so easily.                                                                                   
MS.  GOLDSTEIN  responded that  if  these  location services  are                                                               
turned off, Google will not be able to put that map together.                                                                   
1:28:25 PM                                                                                                                    
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public and invited testimony on HB 328.                                                                                  
1:28:44 PM                                                                                                                    
REPRESENTATIVE  LEDOUX  requested   a  description  of  biometric                                                               
REPRESENTATIVE  KOPP  advised  that the  description  is  located                                                               
under  Sec. 18.13.290(1)and  (2), page  3  line 31,  and page  4,                                                               
lines 1-4, which read as follows:                                                                                               
               (1) "biometric data" means fingerprints,                                                                         
     handprints, voices, iris images, retinal images, vein                                                                      
     scans, hand geometry, finger geometry, or other                                                                            
     physical characteristics of an individual;                                                                                 
               (2) "biometric information" means biometric                                                                      
     data used in a biometric system;                                                                                           
MR. JEROME answered that the  Center for Democracy and Technology                                                               
provided  a detailed  letter  with  a suggestion  as  to how  the                                                               
committee might  want to  define biometrics.   He  explained that                                                               
there is not a universal  definition of biometrics because it can                                                               
cover anything that tries to  capture physical, physiological, or                                                               
behavioral characteristics.   He described the  definition in the                                                               
bill   as  "pretty   good,"  and   recommended   that  the   bill                                                               
specifically  include  references  along   the  lines  of  facial                                                               
recognition  or facial  colorimetry  under the  notion of  "other                                                               
physical   characteristics."     In  general,   he  said,   other                                                               
approaches to biometric legislation tends  to create a giant list                                                               
of potential biometrics and technologies that could be captured.                                                                
CHAIR CLAMAN  referred to the  3/21/18 letter from  Joseph Jerome                                                               
of the  Center for Democracy  & Technology [contained  within the                                                               
committee packets] and  pointed to the fairly  long discussion of                                                               
both biometric  data and geolocation  information.   He commented                                                               
that some  of which is a  critique of HB 328  suggesting that the                                                               
committee may wish to change some of its language.                                                                              
1:30:31 PM                                                                                                                    
REPRESENTATIVE LEDOUX asked  that if this bill were  to pass, how                                                               
would it  change the information  or the practices of  Google and                                                               
Facebook, and exactly how would it be implemented.                                                                              
1:31:33 PM                                                                                                                    
MATHEW  ERICKSON, Executive  Director, Digital  Privacy Alliance,                                                               
answered  that  he lives  in  Illinois  where the  2008  Illinois                                                               
Biometric  Information Privacy  Act (BIPA)  was signed  into law.                                                               
Generally  speaking, he  advised,  there is  not much  difference                                                               
when compared to  everywhere else.  He explained  that when there                                                               
are apps  that need  to store  a person's  biometric information,                                                               
the app presents  what it is doing with  the person's information                                                               
and what  to expect.   For  example, he  said, the  recent Google                                                               
project to compare  a person's photos with various  pieces of art                                                               
from  major  museums around  the  world  displayed this  sort  of                                                               
disclaimer (indisc.) "for us."   He related that, generally, that                                                               
is all that is necessary to comply.                                                                                             
1:32:29 PM                                                                                                                    
REPRESENTATIVE  LEDOUX  asked  that  if  it  is  not  noticeable,                                                               
whether it  would be, "if  you want to  use this, sign  here, and                                                               
everybody signs here.  Or, you  know, clicks to the agree because                                                               
you don't  have any  choice if  you are going  to use  the Google                                                               
app, or you are going to use Facebook, or whatever it is?"                                                                      
MR. ERICKSON offered that a  location information pop-up might be                                                               
expected to come from Google Maps.   For example, a person had an                                                               
app on  their phone targeted at  a small child [and  a game], the                                                               
app   advised  that   it  would   receive  detailed   geolocation                                                               
information for  a game that  it had  no purpose within  which to                                                               
collect  that information,  a person  might want  to think  twice                                                               
about it at that point.                                                                                                         
CHAIR CLAMAN surmised  that as to a game, it  is not necessary to                                                               
collect [location] information.                                                                                                 
MR.  ERICKSON said  "Exactly."   He advised  that last  year, the                                                               
Digital Privacy  Alliance performed  research on a  game targeted                                                               
at small  children, around the  ages of  four to five  years that                                                               
was  collecting  and sending  detailed,  down  to the  inch,  GPS                                                               
tracking data to three different advertising (indisc.) points.                                                                  
1:33:55 PM                                                                                                                    
CHAIR  CLAMAN inquired  about the  remedy, wherein  if this  bill                                                               
became  law, would  this legislation  prevent those  actions from                                                               
taking place or would it just  give remedies if it was discovered                                                               
that the collecting took place without permission.                                                                              
MR. ERICKSON responded that there  are remedies if the collection                                                               
of location took place without  permission.  In the event someone                                                               
wanted to stay  within the bounds of the law,  they would have to                                                               
display  this notice  to the  people loading  on the  game.   For                                                               
example, a parent  loading their child's game for  the first time                                                               
might see  this display and  have some questions and  explore the                                                               
use of their  child's precise location data  before letting their                                                               
child "run wild with the game."                                                                                                 
1:34:41 PM                                                                                                                    
REPRESENTATIVE  LEDOUX surmised  that  if the  location data  was                                                               
turned on, "the powers that be  in Google," would know every step                                                               
a person took.                                                                                                                  
MR. ERICKSON  responded that  Representative LeDoux  was correct,                                                               
and currently they are allowed to  sell it to whoever they please                                                               
without a person's knowledge or consent.                                                                                        
REPRESENTATIVE LEDOUX  mused, "And  the legislature  sweated real                                                               
1:35:16 PM                                                                                                                    
REPRESENTATIVE  EASTMAN  related  a scenario  where  an  employer                                                               
decided  to institute  some  type of  biometric  security at  the                                                               
workplace.   He inquired as to  the rights of an  employee to not                                                               
participate in  that type  of collection  of biometric  data, and                                                               
how the 2008 Illinois law would handle that situation.                                                                          
MR.  ERICKSON  replied  that   currently  security  systems,  for                                                               
example,  can use  biometric  information, and  in  this case  to                                                               
"just  get consent,"  but Mr.  Jerome could  better speak  to the                                                               
exemptions in this bill.  He  offered that exemptions in the bill                                                               
are for  the use of  security services, and that  geolocation and                                                               
biometrics  are "used  all over  in  secure settings.   Just  get                                                               
1:36:31 PM                                                                                                                    
CHAIR  CLAMAN  clarified  Representative Eastman's  question  and                                                               
offered  a scenario  wherein, as  a condition  of employment,  an                                                               
employer  wants  an  employee's geolocation  information  on  the                                                               
phone, and the  phone is part of the job.   Except, he continued,                                                               
the  person does  not want  the employer  to know  their location                                                               
when they are not on the job.   He requested a description of the                                                               
employee's  ability to  advise their  employer that  they do  not                                                               
want to  participate in  that level  of watching  their movements                                                               
when they are not working, and  whether this bill or the State of                                                               
Illinois law affects that scenario.                                                                                             
MR.  ERICKSON responded  that he  had not  heard anything  on the                                                               
biometric side  in Illinois.   Generally speaking,  he commented,                                                               
if a  phone is provided by  the employer and the  employee is not                                                               
on the clock,  they should simply turn off the  phone.  He opined                                                               
that this bill would not impact employment as described.                                                                        
1:37:28 PM                                                                                                                    
REPRESENTATIVE  EASTMAN offered  a scenario  wherein an  employer                                                               
requested retinal scans  or DNA and the employee did  not want to                                                               
give  his employer  the retinal  scan  or DNA,  can the  employer                                                               
require  that the  employee provide  those samples.   Under  this                                                               
bill,  would  the  employee  be given  an  opt-out  and  continue                                                               
employment but  not participate  in disclosing  that information,                                                               
he asked.                                                                                                                       
MR.  ERICKSON answered  that adding  opt-out language  for forced                                                               
disclosure  is  something  all parties  would  be  interested  in                                                               
1:38:18 PM                                                                                                                    
MR. JEROME  answered that  these questions  are not  addressed in                                                               
the current  draft and  are valid and  important questions.   Ms.                                                               
Dixon  mentioned that  a European  Data Protection  Regulation is                                                               
going into effect  in May, and that piece  of legislation broadly                                                               
highlights the  power and balance  that exists  between employers                                                               
and employees.   The Center for Democracy  and Technology's goal,                                                               
in general,  is to have  employers provide information as  to how                                                               
they  will use  their  employees' biometric  and  other types  of                                                               
information, he  said.   He advised that  the matter  of actually                                                               
protecting  privacy, giving  employees  more affirmative  rights,                                                               
and creating an  ability for employees to not  actually say "No,"                                                               
is definitely something that is worthy of discussion.                                                                           
1:39:32 PM                                                                                                                    
REPRESENTATIVE   LEDOUX   requested   information   as   to   the                                                               
interrelationship between this bill, which  is trying to go about                                                               
things  on a  state-by-state basis,  and the  Interstate Commerce                                                               
CHAIR CLAMAN said that the  committee would address that question                                                               
during the next hearing of the bill.                                                                                            
REPRESENTATIVE EASTMAN noted that his  question to take up during                                                               
the next hearing is that  government and specific law enforcement                                                               
is  exempted,  except  law  enforcement   receives  most  of  its                                                               
location data  from private  parties.  He  asked the  effect this                                                               
bill would  have on the ability  of law enforcement to  ever gain                                                               
access to geolocation information.                                                                                              
[HB 328 was held over.]                                                                                                         
          SB 148-BACKGROUND CHECKS FOR POLICE/TRAINING                                                                      
1:40:37 PM                                                                                                                    
CHAIR CLAMAN announced that the  final order of business would be                                                               
SENATE BILL  NO. 148, "An  Act relating  to powers of  the Alaska                                                               
Police Standards  Council; and relating to  background checks for                                                               
admission  to police  training programs  and  certification as  a                                                               
police officer."                                                                                                                
1:41:23 PM                                                                                                                    
BOB  GRIFFITHS,  Executive   Director,  Alaska  Police  Standards                                                               
Council  (APSC), Department  of Public  Safety, advised  that the                                                               
Police  Standards  Council (APSC)  was  established  by the  1972                                                               
legislature to  establish standards  for the training  and hiring                                                               
of police officers.  Subsequent  to the enactment of the original                                                               
bill,  corrections officers,  probation  officers, and  municipal                                                               
corrections  officers  were  added.    Since  first  establishing                                                               
regulations  in the  1970s,  fingerprint-based background  checks                                                               
are required  for police  officers in  the State  of Alaska.   He                                                               
explained that two types of  police officers are certified in the                                                               
state,  as  follows:  urban officers,  normally  referred  to  as                                                               
police officers; and  with a slightly lower set  of standards the                                                               
council certifies  village police officers for  populations under                                                               
1,000 residents and communities that  are off of the road system.                                                               
Oftentimes, he explained,  these communities have quite  a bit of                                                               
limitation as  far as their  resources are concerned.   This bill                                                               
specifically  targets  a  problem that  arose  approximately  two                                                               
years ago, and the Alaska  Police Standards Council first learned                                                               
of  the problem  one  year  ago.   He  related  that the  federal                                                               
government changed  the definition of Police  Standards Councils,                                                               
and rather than calling these  councils part of the public safety                                                               
system,  "they  called  us  a   licensing  agency,"  meaning  the                                                               
nationwide  councils  are  occupational  licensing  boards.    He                                                               
explained that that change moved the  council out of the realm of                                                               
being  able to  run fingerprint-based  background checks  itself.                                                               
The  Alaska Police  Standards Council  had  always performed  the                                                               
fingerprint-based  background check  for  small communities,  and                                                               
two  years ago  it  lost that  ability.   He  explained that  the                                                               
council would receive the criminal  histories to make certain the                                                               
people were  not disqualified  by the  standards, they  were then                                                               
enrolled in training  and then certified as officers.   This bill                                                               
is  specifically  targeted, he  explained,  to  allow the  Alaska                                                               
Police Standards Council  the ability to continue  to perform the                                                               
fingerprint-based background checks.                                                                                            
1:43:49 PM                                                                                                                    
MR.  GRIFFITHS advised  that SB  148, Section  1 adds  the Alaska                                                               
Police Standards Council  (APSC) to the list of all  of the other                                                               
agencies in  the state that perform  fingerprint-based background                                                               
checks  for occupational  licenses, such  as real  estate agents,                                                               
lawyers, and so forth.  Section 1 amends AS 12.62.400(a).                                                                       
MR. GRIFFITHS advised  that Section 2 (indisc.) to  give them the                                                               
(indisc.), which he said is fairly  simple.  Section 3 amends the                                                               
training  section   to  include  the  requirement   of  obtaining                                                               
fingerprint-based background  checks before  being admitted  to a                                                               
police  occupational basic  training program.   Section  4 amends                                                               
the APSC standards  to reflect the subsequent  section in Section                                                               
5.   Section  5  amends the  standards to  add  a new  subsection                                                               
limiting the  issuance of a  certificate to only people  who have                                                               
had their fingerprint-based background  check performed.  Section                                                               
6  amends the  definitions  of  "our section"  to  bring it  into                                                               
compliance with  the rest  of the statute.   Section  7 specifies                                                               
the applicability of the Act  specifically to people applying for                                                               
admittance to a  police training program or who  are appointed as                                                               
a  police officer  on or  after the  effective date  of the  Act.                                                               
Section 8 is a notice to  the statutory revisors of the change in                                                               
the APSC's classification language.                                                                                             
1:45:51 PM                                                                                                                    
REPRESENTATIVE KOPP  surmised that  that this  legislation simply                                                               
gives the  Alaska Police Standards Council  the authority, again,                                                               
to do what  it was previously performing in order  to ensure that                                                               
a  person  applying  to  a  police  training  program  meets  the                                                               
statutory background check standards in Title 18.                                                                               
MR. GRIFFITHS agreed, and he  clarified that the standards are in                                                               
regulation,  which was  part  of the  issue  wherein the  federal                                                               
government requires that  the standards are in  statute before it                                                               
will recognize it as a legitimate exemption to the federal laws.                                                                
1:46:47 PM                                                                                                                    
CHAIR  CLAMAN  opened   public  testimony  on  SB   148.    After                                                               
ascertaining  no   one  wished  to  testify,   he  closed  public                                                               
testimony on SB 148.                                                                                                            
[SB 148 was held over.] #                                                                                                       
1:48:56 PM                                                                                                                    
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 1:49 p.m.                                                                 

Document Name Date/Time Subjects
HB328 ver A 3.21.18.PDF HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HB 328
HB328 Sponsor Statement 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HB 328
HB328 Sectional Analysis ver A 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HB 328
HB328 Supporting Document-CNN Article 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Forbes Article 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Risk Management Article 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Wall Street Journal Article 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Wired Article 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Public Comment 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-ACLU Letter 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Supporting Document-Center for Democracy & Technology Letter 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Opposing Document-CompTIA Letter 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HB 328
HB328 Fiscal Note LAW-CIV 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HB 328
SB148 ver A 3.21.18.PDF HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HJUD 3/26/2018 1:00:00 PM
SB 148
SB148 Hearing Request Sponsor Statement 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
HJUD 3/26/2018 1:00:00 PM
SB 148
SB148 Sectional Analysis ver A 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
HJUD 3/21/2018 7:00:00 PM
SB 148
SB148 Fiscal Note DOC-COM 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
SB 148
SB148 Fiscal Note DPS-APSC 3.21.18.pdf HJUD 3/21/2018 1:00:00 PM
SB 148