04/07/2008 02:15 PM Senate JUDICIARY

     HB 333-COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                       
                                                                                                                                
3:27:30 PM                                                                                                                    
REPRESENTATIVE ANNA  FAIRCLOUGH, sponsor  of HB  333, stated                                                                    
that  HB  333   is  an  Act  relating   to  reporting  child                                                                    
pornography.  It  expands   the  reporting  requirements  to                                                                    
include individuals  providing computer,  Internet, cellular                                                                    
telephone and  related services to  the list  of individuals                                                                    
who  are  required  to report  finding  images  of  unlawful                                                                    
exploitation  of   a  minor.  The  Internet   provides  vast                                                                    
opportunity, but it also  allows unparalleled opportunity to                                                                    
exploit children. As images become  prolific in the Internet                                                                    
environment,  children  are  being exploited  and  sometimes                                                                    
that  continues on  into adult  years since  the images  can                                                                    
linger  and get  passed  on to  other  generations. This  is                                                                    
relatively  new  technology  and   we  need  to  address  it                                                                    
differently, she said.                                                                                                          
                                                                                                                                
3:28:50 PM                                                                                                                    
SENATOR THERRIAULT  referred to line  12 asked if  she wants                                                                    
the  report to  go  to the  nearest  law enforcement  agency                                                                    
without regard to the level that might be.                                                                                      
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   replied  she  is  open   to  an                                                                    
amendment. Representative Gara  proposed an amendment saying                                                                    
the nearest  local, state, or  federal authority.  There was                                                                    
question  about whether  the village  public safety  officer                                                                    
(VPSO)  is  the   right  person,  but  that   could  be  the                                                                    
appropriate person, she said.                                                                                                   
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   relayed    that   a   national                                                                    
organization advancing the  business of technology suggested                                                                    
amending  the  bill to  include  reporting  to the  National                                                                    
Center for Missing and Exploited  Children. Her response was                                                                    
that the report  should go to the local  authorities so that                                                                    
Alaska's  children   would  be   protected  as   quickly  as                                                                    
possible. To  clarify her  intent, NCMEC  asked her  to read                                                                    
the following into the record:                                                                                                  
                                                                                                                                
     Mr.  Chairman,  I  want  to  acknowledge  for  the                                                                         
     record  that there  has been  an existing  federal                                                                         
     law  passed   in  1999,  42  USC   13032,  already                                                                         
     requiring  Internet  Service providers  to  report                                                                         
     suspected  child  pornography  through  the  cyber                                                                         
     tips line of the  National Center for Missing [and                                                                         
     Exploited]  Children  (NCMEC).  NCMEC  coordinates                                                                         
     its law  enforcement activities with  both federal                                                                         
     and local agencies.                                                                                                        
                                                                                                                                
3:30:41 PM                                                                                                                    
REPRESENTATIVE FAIRCLAUGH  continued to  say that she  is in                                                                    
no way  trying to make  Internet service providers  a target                                                                    
in  this  legislation.  As long  as  those  providers  fully                                                                    
fulfill  their existing  federally mandated  reporting, they                                                                    
meet the  requirements in  HB 333, she  said. "I  want local                                                                    
law enforcement agencies  to know where that  computer is at                                                                    
inside the state  of Alaska and to act so  that children are                                                                    
protected in a timely manner."                                                                                                  
                                                                                                                                
CHAIR FRENCH remarked it's tempting  to add a provision that                                                                    
requires anyone who ever sees  child pornography to call the                                                                    
police. He noted that he  and Senator McGuire have supported                                                                    
mandatory notification laws and have run into opposition.                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  this issue  was brought  to                                                                    
her because members of her  community who work on electronic                                                                    
equipment have  seen these  images. The  concern is  that if                                                                    
the field isn't level, some  people won't do the right thing                                                                    
for a child that's placed in danger.                                                                                            
                                                                                                                                
SENATOR McGUIRE  reminded the sponsor  that, as a  result of                                                                    
forfeiture  legislation she  introduced in  years past,  law                                                                    
enforcement  is able  to confiscate  hard  drives and  other                                                                    
pertinent materials in the course  of an investigation. That                                                                    
can provide an opportunity to learn a lot, she said.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  the federal law  the sponsor                                                                    
mentioned  has   any  preemptive  effect  on   the  Internet                                                                    
provision,  and if  there are  any privileges.  For example,                                                                    
would a  doctor or lawyer be  obligated to make a  report if                                                                    
he  or she  happened across  these images  while looking  at                                                                    
images on your camera for another purpose.                                                                                      
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   replied    that   a   detailed                                                                    
explanation  of unlawful  exploitation is  referenced in  AS                                                                    
11.41.455. And  if the second  question is asking  if people                                                                    
other than the ones listed  would be required to report, she                                                                    
said it's unfortunate that they are not.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  said  he's thinking  of  a  situation                                                                    
where you  take your camera  to your  lawyer to look  at and                                                                    
print a  digital picture for  another reason. If  the lawyer                                                                    
flips  through  the images  and  sees  child pornography  he                                                                    
questions  whether  that  would  fall  under  the  reporting                                                                    
requirement  for  "printed  matter  processing"  under  Sec.                                                                    
47.17.023. "I guess I'd be  interested in hearing what legal                                                                    
had to say about that," he said.                                                                                                
                                                                                                                                
3:34:52 PM                                                                                                                    
CHAIR  FRENCH  held  HB  333  in  committee  to  provide  an                                                                    
opportunity to check on several matters.                                                                                        
                                                                                                                                
CHAIR FRENCH recessed the meeting to a call of the chair.                                                                       
                                                                                                                                
4:41:02 PM                                                                                                                    
CHAIR FRENCH  reconvened the meeting. Present  were Senators                                                                    
French,  Huggins, and  Therriault.  Senator McGuire  arrived                                                                    
shortly thereafter.