03/25/2011 01:00 PM House JUDICIARY

                    HB 23 - COMPUTER PRIVACY                                                                                
                                                                                                                                
2:05:50 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE  BILL  NO. 23,  "An  Act  relating  to  criminal use  of  a                                                               
computer."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB  23,  Version  27-LS0172\E,  Luckhaupt,                                                               
3/24/11,  as the  working document.   There  being no  objection,                                                               
Version E was before the committee.                                                                                             
                                                                                                                                
2:06:29 PM                                                                                                                    
                                                                                                                                
DAVID BREMER,  Staff, Representative Pete Petersen,  Alaska State                                                               
Legislature,  on  behalf  of   Representative  Petersen,  one  of                                                               
HB 23's  joint prime  sponsors, explained  that under  Version E:                                                               
the  title has  been  narrowed to  now say,  "An  Act making  the                                                             
installation,  enabling, or  use  of keystroke  loggers or  other                                                           
devices criminal  use of a  computer."; the language  of proposed                                                             
AS   11.46.740(a)(2)   has   been   divided   into   a   proposed                                                               
paragraph (2) and  a proposed paragraph  (3) in order  to clarify                                                               
that  the bill  addresses both  the installation/enabling/use  of                                                               
keyboard  logger  hardware  or  software, and  the  accessing  of                                                               
keystroke information  remotely; there  is no longer  a provision                                                               
establishing  an  affirmative  defense   for  the  owner  of  the                                                               
computer; and the word, "uses" has  been added to the language of                                                               
proposed paragraph  (2) in order  to address situations  in which                                                               
the  person  who used  the  keystroke  logger to  obtain  someone                                                               
else's  personal   information  was  not  the   same  person  who                                                               
installed or enabled the keystroke logger.                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES,  speaking as  one of  HB 23's  joint prime                                                               
sponsors, expressed  satisfaction with Version E,  venturing that                                                               
it  addresses all  the  concerns raised  during  the bill's  last                                                               
hearing.                                                                                                                        
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 23.                                                                                      
                                                                                                                                
2:09:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  the proposed CS for HB 23,                                                               
Version 27-LS0172\E,  Luckhaupt, 3/24/11,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 23 (JUD)  was reported  from the                                                               
House Judiciary Standing Committee.