Legislature(2005 - 2006)CAPITOL 124
05/03/2005 01:00 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| SB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| SB 140 | |||
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
May 3, 2005
1:09 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative John Coghill, Vice Chair
Representative John Harris
Representative Vic Kohring
Representative Lesil McGuire
Representative Ethan Berkowitz
Representative Beth Kerttula
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 140(JUD)
"An Act relating to spyware and unsolicited Internet
advertising."
- MOVED HCS CSSB 140(RLS) OUT OF COMMITTEE; ADOPTED A HOUSE
CONCURRENT RESOLUTION ALLOWING THE TITLE CHANGE
PREVIOUS COMMITTEE ACTION
BILL: SB 140
SHORT TITLE: COMPUTERS & INTERNET
SPONSOR(S): SENATOR(S) THERRIAULT
03/10/05 (S) READ THE FIRST TIME - REFERRALS
03/10/05 (S) L&C, JUD
03/22/05 (S) L&C AT 1:30 PM BELTZ 211
03/22/05 (S) Heard & Held
03/22/05 (S) MINUTE(L&C)
03/24/05 (S) L&C AT 2:00 PM BELTZ 211
03/24/05 (S) Moved SB 140 Out of Committee
03/24/05 (S) MINUTE(L&C)
03/29/05 (S) L&C RPT 3DP
03/29/05 (S) DP: BUNDE, DAVIS, STEVENS B
04/07/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/07/05 (S) Scheduled But Not Heard
04/08/05 (S) JUD AT 8:00 AM CAPITOL 120
04/08/05 (S) Scheduled But Not Heard
04/13/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/13/05 (S) Heard & Held
04/13/05 (S) MINUTE(JUD)
04/14/05 (S) JUD RPT CS 3DP 2NR
SAME TITLE
04/14/05 (S) DP: SEEKINS, HUGGINS, THERRIAULT
04/14/05 (S) NR: FRENCH, GUESS
04/14/05 (S) JUD AT 8:00 AM BUTROVICH 205
04/14/05 (S) Moved CSSB 140(JUD) Out of Committee
04/14/05 (S) MINUTE(JUD)
04/19/05 (S) TRANSMITTED TO (H)
04/19/05 (S) VERSION: CSSB 140(JUD)
04/20/05 (H) READ THE FIRST TIME - REFERRALS
04/20/05 (H) L&C, JUD
04/25/05 (H) L&C AT 3:15 PM CAPITOL 17
04/25/05 (H) Moved Out of Committee
04/25/05 (H) MINUTE(L&C)
04/26/05 (H) L&C RPT 2DP 5NR
04/26/05 (H) DP: LYNN, ANDERSON;
04/26/05 (H) NR: CRAWFORD, KOTT, LEDOUX, ROKEBERG,
GUTTENBERG
04/27/05 (H) JUD AT 1:00 PM CAPITOL 120
04/27/05 (H) Moved Out of Committee
04/27/05 (H) MINUTE(JUD)
04/28/05 (H) JUD RPT 6DP 1NR
04/28/05 (H) DP: KOTT, ANDERSON, DAHLSTROM, COGHILL,
GARA, MCGUIRE;
04/28/05 (H) NR: GRUENBERG
05/03/05 (H) RLS AT 1:00 PM CAPITOL 124
WITNESS REGISTER
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor SB 140.
DAVE STANCLIFF, Staff
to Senator Gene Therriault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of SB 140, answered
questions.
ACTION NARRATIVE
CHAIR NORMAN ROKEBERG called the House Rules Standing Committee
meeting to order at 1:09:09 PM. Representatives Rokeberg,
Coghill, Harris, Kohring, McGuire, Berkowitz, and Kerttula were
present at the call to order.
SB 140-COMPUTERS & INTERNET
CHAIR ROKEBERG announced that the only order of business would
be CS FOR SENATE BILL NO. 140(JUD), "An Act relating to spyware
and unsolicited Internet advertising."
1:09:31 PM
SENATOR GENE THERRIAULT, Alaska State Legislature, sponsor,
informed the committee that he introduced SB 140 in an attempt
to address the issue of spyware on computer systems in Alaska.
With increased use of the Internet and the downloading of
programs, often users unknowingly end up having spyware
downloaded on their computers as well. He explained that
spyware monitors the types of web sites one visits and attempts
to block the site with a competing site. Senator Therriault
said that Internet technology isn't his expertise, and therefore
he and his staff worked with an individual versed in this matter
as well as with the legislature's own Data Processing staff. He
noted that the legislature's Data Processing staff supports this
legislation.
1:11:41 PM
REPRESENTATIVE COGHILL moved that the committee adopt Amendment
1, labeled Y.4, Luckhaupt, 5/2/05, which read:
Page 1, line 1:
Delete "to spyware and unsolicited Internet
advertising"
Insert "to computers, computer communications,
and the Internet"
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 11.41 is amended by adding a new
section to read:
Sec. 11.41.452. Online enticement of a minor.
(a) A person commits the crime of online enticement
of a minor if the person, being 18 years of age or
older, knowingly uses a computer to communicate with
another person to entice, solicit, or encourage the
person to engage in an act described in
AS 11.41.455(a)(1) - (7) and
(1) the other person is a child under 16
years of age; or
(2) the person believes that the other
person is a child under 16 years of age.
(b) In a prosecution under (a)(2) of this
section, it is not a defense that the person enticed,
solicited, or encouraged was not actually a child
under 16 years of age.
(c) In a prosecution under this section, it is
not necessary for the prosecution to show that the act
described in AS 11.41.455(a)(1) - (7) was actually
committed.
(d) Except as provided in (e) of this section,
online enticement is a class C felony.
(e) Online enticement is a class B felony if the
defendant was, at the time of the offense, required to
register as a sex offender or child kidnapper under
AS 12.63 or a similar law of another jurisdiction.
* Sec. 2. AS 11.61 is amended by adding a new
section to read:
Sec. 11.61.128. Electronic distribution of
indecent material to minors. (a) A person commits
the crime of electronic distribution of indecent
material to minors if the person, being 18 years of
age or older, knowingly distributes to another person
by computer any material that depicts an act described
in AS 11.41.455(a)(1) - (7) and
(1) the other person is a child under 16
years of age; or
(2) the person believes that the other
person is a child under 16 years of age.
(b) In this section, it is not a defense that
the victim was not actually under 16 years of age.
(c) Except as provided in (d) of this section,
electronic distribution of indecent material to minors
is a class C felony.
(d) Electronic distribution of indecent material
to minors is a class B felony if the defendant was, at
the time of the offense, required to register as a sex
offender or child kidnapper under AS 12.63 or a
similar law of another jurisdiction."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
Page 4, following line 24:
Insert a new bill section to read:
"* Sec. 5. The uncodified law of the State of
Alaska is amended by adding a new section to read:
APPLICABILITY. Sections 1 and 2 of this Act
apply to offenses occurring on or after the effective
date of this Act."
CHAIR ROKEBERG objected for discussion purposes.
1:12:04 PM
SENATOR THERRIAULT explained that Amendment 1 contains the
language of a number of bills [SB 118 and SB 119] that have been
caught up in the backlog [of legislation]. He noted that the
list of co-sponsors illustrates fairly broad support in the
Senate such that SB 140 could be used as a vehicle to move the
legislation addressing the use of the Internet for the
enticement of minors forward.
1:12:54 PM
CHAIR ROKEBERG asked if the sponsors are in agreement with
incorporating the aforementioned legislation into SB 140.
SENATOR THERRIAULT said that the sponsor seems to understand
that it's a way to have the provisions in the other legislation
placed in the statutes this year.
1:13:27 PM
REPRESENTATIVE KOHRING inquired as to how one can determine
spyware has been installed.
SENATOR THERRIAULT pointed out that there are software
applications, which the legislature's Data Processing division
uses, that sweep the computer system for identifiable spyware
and remove it.
1:14:36 PM
REPRESENTATIVE BERKOWITZ commented that it seems spyware poses
the same risks as a trespass in a criminal context. He informed
the committee that criminal mischief is defined as "tampering
with the property of another." Therefore, he surmised that
there are some criminal avenues available as well.
SENATOR THERRIAULT explained that part of the problem is that
the pop-up advertisements on the Internet may or may not have a
disclosure statement. Often people accept pop-up advertisements
without knowing that they have agreed to place something on
their computer and not [be able] to remove it without specific
permission from the company. Senator Therriault said that
although the Internet has made available many benefits, it's a
tool for scams as well.
REPRESENTATIVE BERKOWITZ informed the committee that criminal
mischief in the fourth degree includes a prohibition against
knowingly accessing the computer, the computer system, the
computer program, and computer network or part thereof. He
suggested that if there is a rash of these problems, perhaps
there could be some sort of criminal cases made.
SENATOR THERRIAULT said he was sure that this won't be the last
time the legislature will address this because he suspected the
problem will mutate.
1:17:12 PM
SENATOR THERRIAULT, in response to Chair Rokeberg, acknowledged
that there has been some concern expressed regarding
constitutional concerns in relation to the Commerce Clause.
However, the April 27, 2005, memo from Legislative Legal and
Research Services relates the belief that there could be a
challenge of SB 140 based on the general Commerce Clause
analysis. The aforementioned memo specifies that regulation of
spyware is a legitimate local concern and it doesn't burden out-
of-state businesses any more than local businesses. Therefore,
this legislation doesn't appear to erect a barrier to interstate
trade, which is the focus of the federal Commerce Clause.
1:18:08 PM
REPRESENTATIVE COGHILL asked if there has been a successful
criminal prosecution for charges with regard to spyware or
misuse of a computer.
1:18:38 PM
DAVE STANCLIFF, Staff to Senator Gene Therriault, Alaska State
Legislature, answered that he hasn't received any confirmation
to that effect. This legislation provides a threshold for a
civil remedy without having to show a higher level of damage to
the courts. This legislation allows the attorney general, on a
broader scale, to address this issue on behalf of the state.
1:19:25 PM
CHAIR ROKEBERG turned to Amendment 1 and the felony level
sanctions, and asked if the House Judiciary Standing Committee
took up any of the issues embodied in Amendment 1.
REPRESENTATIVE MCGUIRE replied no. However, she noted that she
has been in contact with the bill sponsor and his intent to
include it [in SB 140]. She related her understanding that the
matter was thoroughly reviewed in the Senate Judiciary Standing
Committee.
1:20:01 PM
REPRESENTATIVE COGHILL, in response to Chair Rokeberg, noted
that his legislation regarding indecent exposure is on the
Senate floor.
SENATOR THERRIAULT noted that the difference is that the
indecent exposure in Representative Coghill's legislation is
regarding the act being done in person whereas SB 140 refers to
it occurring over the Internet.
CHAIR ROKEBERG asked if there is any relation in Representative
Coghill's legislation and SB 140 regarding the sanctions.
REPRESENTATIVE COGHILL informed the committee that his
legislation addressed indecent exposure to minors and increasing
a second offense from a misdemeanor to a felony.
1:20:45 PM
REPRESENTATIVE MCGUIRE opined that she didn't think the charge
should be lower than a class C felony, and furthermore she
expressed the need to send a strong message on this matter for
which the damage can be life long.
1:21:13 PM
REPRESENTATIVE BERKOWITZ opined that Amendment 1 refers to a
number of acts that if they occurred in person, would be class B
felonies. He, too, agreed that a C felony is an appropriate
level.
1:22:02 PM
CHAIR ROKEBERG noted for the record that staff from Senator
French's office [Senator French is the sponsor of SB 118 and SB
119] related his agreement with [incorporating SB 118 and SB 119
into SB 140]. Chair Rokeberg then removed his objection.
Therefore, Amendment 1 was adopted.
1:22:25 PM
REPRESENTATIVE BERKOWITZ moved to report CSSB 140(JUD), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 140(RLS) was reported from the House Rules Standing
Committee.
1:22:53 PM
REPRESENTATIVE HARRIS moved to report Version 24-LS0996\A,
Luckhaupt, 5/2/05, [what later became HCR 17] as the title
resolution. There being no objection, it was so ordered.
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 1:23:17 PM.
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