03/13/2008 01:00 PM House JUDICIARY

HB 333 - COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                            
                                                                                                                                
2:17:03 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 333, "An Act  relating to the reporting  of child                                                               
pornography."                                                                                                                   
                                                                                                                                
2:18:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANNA  FAIRCLOUGH,   Alaska  State   Legislature,                                                               
sponsor,  thanked the  committee  for its  proactive interest  in                                                               
combating  child  pornography  and in  holding  sexual  predators                                                               
accountable.    She  related  that  statistics  show  that  child                                                               
pornography generates  approximately $3 billion annually.   Thus,                                                               
people  are spending  more  than  $8.2 million  every  day.   She                                                               
explained that  HB 333 would add  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.   She offered that one  of her                                                               
constituents repairs  computers and discovered  child pornography                                                               
on  computers  sent  in  for  repair.   She  surmised  that  some                                                               
computer repair services do not  report the pornography since the                                                               
computers belong to  their customers.  This bill  would level the                                                               
playing field  by ensuring that  all businesses report  any child                                                               
pornography.                                                                                                                    
                                                                                                                                
CHAIR RAMRAS referred  to page 1, line 11,  to "shall immediately                                                               
report" and inquired  as to what burden "shall" would  place on a                                                               
person who does not report child pornography.                                                                                   
                                                                                                                                
2:22:07 PM                                                                                                                    
                                                                                                                                
RODNEY  DIAL,  Lieutenant,   Deputy  Commander,  "A"  Detachment,                                                               
Division  of Alaska  State Troopers  (AST), Department  of Public                                                               
Safety (DPS),  stated that  "shall" generally  means by  the most                                                               
immediate  means available  so  if  the person  had  access to  a                                                               
telephone  would be  required to  notify law  enforcement of  the                                                               
discovery of child pornography.                                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES  inquired as  to whether the  provisions in                                                               
HB 333 would be useful to law enforcement.                                                                                      
                                                                                                                                
LIEUTENANT  DIAL  offered  his  understanding  that  some  people                                                               
believe  that   releasing  the  information  would   represent  a                                                               
liability to the company or  personal liability.  Thus, this bill                                                               
would be  helpful since it will  offer them protection.   He said                                                               
he thought that it would increase  the number of people who would                                                               
report  these types  of  crimes without  first  checking with  an                                                               
attorney.   Thus,  it would  benefit law  enforcement in  dealing                                                               
with this problem.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG inquired as  to how enforcement would be                                                               
able to determine  who violated this law in instances  in which a                                                               
person is working for a company that processes photos.                                                                          
                                                                                                                                
LIEUTENANT  DIAL  answered  that  the DPS  might  not  know  that                                                               
information.   He opined that  the DPS would  use this bill  as a                                                               
tool to gather information and not  as a means to prosecute those                                                               
that aren't complying  with the law.  He explained  that the bill                                                               
could  help  speed  the process  of  obtaining  information  from                                                               
companies since  the DPS can point  to the statute as  a specific                                                               
requirement.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  inquired  as to  whether  the  company                                                               
would be prosecuted.                                                                                                            
                                                                                                                                
LIEUTENANT  DIAL surmised  that if  DPS knew  that a  company had                                                               
knowledge of the  requirement and were still  refusing to furnish                                                               
the child  pornography that the  DPS would  work with the  DOL to                                                               
determine whether a legal case could be made.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  inquired as to whether  each picture or                                                               
film constitutes a violation.                                                                                                   
                                                                                                                                
LIEUTENANT  DIAL  surmised  that   the  violation  would  be  the                                                               
knowledge of  evidence of child pornography  would constitute one                                                               
failure to report.                                                                                                              
                                                                                                                                
2:26:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS, after first determining  that no one else wished to                                                               
testify, closed public testimony on HB 333.                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES offered her support for HB 333.                                                                           
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated  that the  statistics that  she                                                               
previously provided  came from the  January 2007, KTUU  report by                                                               
Angela  Unruh.   She later  provided a  comment regarding  a bill                                                               
that was heard earlier in the meeting.                                                                                          
                                                                                                                                
2:27:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 333 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 333 was reported  from the                                                               
House Judiciary Standing Committee.