Legislature(2003 - 2004)
03/10/2003 03:16 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 36-ELECTRONIC MAIL Number 0065 CHAIR ANDERSON announced that the first order of business would be HOUSE BILL NO. 36, "An Act relating to electronic mail activities and making certain electronic mail activities unfair methods of competition or unfair or deceptive acts or practices under the Act enumerating unfair trade practices and consumer protections." Number 0083 REPRESENTATIVE LES GARA, Alaska State Legislature, sponsor of HB 36, reminded the committee that Representative Rokeberg wanted to insure that the person sending out improper junk e-mail was held responsible, not than the Internet service provider whose equipment was used. He explained that this language has been clarified in the proposed committee substitute (CS) on page 3 and 4. Number 0223 REPRESENTATIVE CRAWFORD moved to adopt the proposed CS for HB 36, Version 23-LS0224\V, Bannister, 3/10/03, as the working document. There being no objection, Version V was before the committee. REPRESENTATIVE GARA reiterated that Version V specifies that only the person or business initiating the e-mail can be held liable for sending out improper junk e-mail. In an earlier version, there was language that could have been interpreted as making an Internet service provider a liable party. On page 4, line 5 of Version V, the bill refers to the person who initiates the sending of an unsolicited e-mail; all the language relating to the liability of Internet service providers was eliminated. Referring to Version S, Representative Gara said that on page 3, line 12, everything after the word "sender" was deleted [in the later version]. Therefore, in Version V the Internet service provider handling the e-mail bears no responsibility at all. REPRESENTATIVE GARA reminded members that at the last meeting, an assistant attorney opined that HB 36 is a valid approach to regulating unwanted e-mail and would pass constitutional muster as well. Number 0456 REPRESENTATIVE DAHLSTROM moved to report the CS for HB 36, Version 23-LS0224\V, Bannister, 3/10/03, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 36(L&C) was reported from the House Labor and Commerce Standing Committee.
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