04/28/2003 01:20 PM Senate JUD

           HB  52-SEX CRIME AND PORNOGRAPHY OFFENSES                                                                        
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order  at 1:20  p.m. Present  were SENATORS                                                               
OGAN and FRENCH. He announced HB 52 to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE LISEL MCGUIRE, sponsor,  explained that the new CS                                                               
adds a punitive sentencing option for  judges to use in the cases                                                               
of  child  pornography,  indecent   photography,  etc.  under  AS                                                               
11.61.123 - AS 11.61.127. The  goal is to provide law enforcement                                                               
with the  tools that would come,  for example, out of  a computer                                                               
to allow  them to see where  a perpetrator has been.  She said it                                                               
has become  a better  bill with the  addition of  Senator Dyson's                                                               
language  that adds  a new  section  (d) to  AS 11.61.125,  which                                                               
expands the  definition of distribution  of child  pornography to                                                               
include providing billing collection  or other ancillary services                                                               
or otherwise supporting activities.                                                                                             
                                                                                                                                
She  explained that  across  the United  States  some people  are                                                               
setting  up server  farms to  provide billing  services to  serve                                                               
pornography sites and others. Those  people are looking at Alaska                                                               
because of our colder temperatures  and access to natural gas. We                                                               
are, therefore,  anticipating a boom  of server farmers  and want                                                               
to make it  absolutely clear that they are  legitimate and cannot                                                               
prey upon our children.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT arrived at 1:22 p.m.                                                                                         
                                                                                                                                
SENATOR  FRENCH   said  he  has  had   personal  experience  with                                                               
prosecuting    highly    sophisticated    pornography    computer                                                               
perpetrators.                                                                                                                   
                                                                                                                                
SENATOR OGAN added  that children are getting jaded  with some of                                                               
the filth that  comes over the Internet. A GCI  tech rep told him                                                               
that one third of the sites  on the Internet are pornographic and                                                               
that's what is actually funding the rest of the Internet.                                                                       
                                                                                                                                
REPRESENTATIVE MCGUIRE said that  it is an all-pervasive problem,                                                               
but if they can start at the  federal level and make laws for all                                                               
states to  be off limits,  that would be  a good place  to start.                                                               
She also  felt there would  be more of a  shift in the  future in                                                               
the area of child pornography  and First Amendment rights as it's                                                               
use on the Internet is compared  to the real and significant harm                                                               
that it brings to a child and our society.                                                                                      
                                                                                                                                
SENATOR  OGAN moved  to pass  SCS  HB 52(STA),  version \H,  from                                                               
committee   with  individual   recommendations.  There   were  no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR  THERRIAULT  moved to  pass  the  two zero  fiscal  notes                                                               
attached  to  HB  52  from  committee  and  asked  for  unanimous                                                               
consent. There were no objections and it was so ordered.