Legislature(2003 - 2004)
02/12/2003 03:17 PM House L&C
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ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 12, 2003
3:17 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Bob Lynn, Vice Chair
Representative Nancy Dahlstrom
Representative Carl Gatto
Representative Norman Rokeberg
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 82
"An Act making certain activities related to commercial
electronic mail unlawful as unfair methods of competition or
unfair or deceptive acts or practices under the Act enumerating
unfair trade practices and consumer protections."
- MOVED CSHB 82(L&C) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 82
SHORT TITLE:COMMERCIAL ELECTRONIC MAIL
SPONSOR(S): REPRESENTATIVE(S)MEYER
Jrn-Date Jrn-Page Action
02/07/03 0148 (H) READ THE FIRST TIME -
REFERRALS
02/07/03 0148 (H) L&C, JUD
02/12/03 0203 (H) COSPONSOR(S): ANDERSON,
DAHLSTROM,
02/12/03 0203 (H) CRAWFORD, GUTTENBERG, LYNN
02/12/03 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
REPRESENTATIVE KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HB 82, explained the
requirement of the "ADV:ADLT" label in the subject line of
unsolicited e-mails to help receivers identify sexually explicit
material.
ED SNIFFEN, Assistant Attorney General
Fair Business Practices Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Testified that the department had no
opposition to HB 82 and explained enforcement provisions under
the state's consumer protection law.
SUZANNE CUNNINGHAM, Staff
to Representative Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As staff to the sponsor of HB 82, answered
questions.
ACTION NARRATIVE
TAPE 03-8, SIDE A
Number 0001
CHAIR TOM ANDERSON called the House Labor and Commerce Standing
Committee meeting to order at 3:17 p.m. Representatives
Anderson, Dahlstrom, Gatto, and Crawford were present at the
call to order. Representatives Lynn, Rokeberg, and Guttenberg
arrived as the meeting was in progress.
HB 82-COMMERCIAL ELECTRONIC MAIL
Number 0048
CHAIR ANDERSON announced a hearing on HOUSE BILL NO. 82, "An Act
making certain activities related to commercial electronic mail
unlawful as unfair methods of competition or unfair or deceptive
acts or practices under the Act enumerating unfair trade
practices and consumer protections."
Number 0078
REPRESENTATIVE KEVIN MEYER, as sponsor of HB 82, explained that
the bill prohibits individuals from sending unsolicited e-mails
that contain explicit sexual materials without an identifying
subject line. The heading "ADV" stands for "advertising," and
"ADLT" stands for "adult." This label is taken from other
states' laws. The proposed committee substitute (CS) for HB 82
removes Section 2(a) of the original bill [dealing with
unsolicited commercial e-mails]. He explained that HB 82 does
not ban commercial, sexually explicit e-mail; it requires
unsolicited e-mails that contain age-sensitive or adult material
to be so identified in the title. He described HB 82 as a
consumer protection bill and a children's protection bill. The
bill grows partly out of personal concern for his 11-year-old
daughter who uses the family e-mail account.
REPRESENTATIVE MEYER said current law prohibits adult materials
from being displayed or made available to children under age 18.
On the Internet, there is no age restriction. Any kid can get
pornography. The bill requires the labeling of explicit adult-
content commercial e-mails so that children and parents have
enough information to decide whether they want to open the e-
mails. Many people would simply delete the e-mails without even
opening them. Labeling the subject line would allow a computer
to filter out these materials. This bill will allow kids and
adults who enjoy and use e-mail to do so without being subject
to unsolicited obscene material. Representative Meyer described
himself as a firm believer in freedom of speech; he said he
wants e-mail put at the same level as adult bookstores and adult
entertainment places.
Number 0497
The committee took an at-ease from 3:20 to 3:23 p.m.
Number 0544
REPRESENTATIVE ROKEBERG moved to adopt the proposed CS for HB
82, Version 23-LS0109\Q, Bannister, 2/10/03, as the work draft.
There being no objection, Version Q was before the committee.
Number 0641
ED SNIFFEN, Assistant Attorney General, Fair Business Practices
Section, Civil Division (Anchorage), Department of Law, said the
department had no opposition to HB 82. The department also had
no problems with the section of the bill that was removed from
the proposed CS version.
REPRESENTATIVE ROKEBERG inquired how this bill would be
enforced. Would the ISP [Internet service provider] do
screening or would the individual report violations to the
department, he asked.
Number 0712
MR. SNIFFEN replied that legitimate Internet service providers
will do in-house filtering to make sure that this kind of
material is appropriately labeled. With businesses that don't
comply with the law, his department will take complaints from
consumers. The department would try to track down the
originator of the e-mails. The department has succeeded in
getting ISPs to stop people from sending certain kinds of
deceptive information over the Internet.
REPRESENTATIVE ROKEBERG asked about the problems of pursuing e-
mail senders who are out-of-state.
MR. SNIFFEN replied that if the person is in Alaska sending e-
mails to Alaskans, his agency takes the position that it has the
authority to control activities that occur within the state's
borders. The department will also work with the regulators in
the state from where the e-mail originated and hopefully get
orders or injunctions against the perpetrators in that state as
well.
Number 0833
REPRESENTATIVE GUTTENBERG asked if this bill controls e-mails
within Alaska and between Alaska and another state.
MR. SNIFFEN said he thinks the bill was intended to curb e-mails
generated inside or outside the state.
CHAIR ANDERSON asked if a violation of HB 82 would interfere
with federal interstate commerce laws.
MR. SNIFFEN said he did not think so. The department researched
this issue, particularly Section 2(a) [removed from this
proposed CS]. Court decisions in other states on similar
language indicate that such language does not violate First
Amendment rights or interstate commerce issues because it goes
to a legitimate state interest. The burden on the sender is
minimal. The bill tells the e-mail senders that if they're
going to send this material, they have to do it in such a way
that a reasonable consumer might be able to identify what it is
and choose not to receive it. In this case, Mr. Sniffen said,
the language is clearly acceptable.
Number 0963
REPRESENTATIVE GUTTENBERG asked Mr. Sniffen to define the word
"aurally" on page 2, line 5.
MR. SNIFFEN replied that it falls under the definition of
explicit sexual material in AS 11.41.455(a).
Number 1031
REPRESENTATIVE GATTO added that aural refers to auditory senses;
the law refers to sounds that depict sexual activities.
Number 1067
SUZANNE CUNNINGHAM, Staff to Representative Kevin Meyer, Alaska
State Legislature, clarified that "oral" means spoken, and
"aurally" refers to a representation of what a person would hear
in explicit sexual material.
REPRESENTATIVE ROKEBERG asked Mr. Sniffen how this bill is
enforced under AS 45.50.471, unlawful acts and practices.
MR. SNIFFEN replied that enforcement under the consumer
protection Act is fairly limited. The department can ask people
to voluntarily stop illegal conduct with a "warning: cease and
desist" letter. The department must file an action in state or
federal court to stop the conduct of people who ignore such
warnings. The department doesn't have any administrative
enforcement authority to hold hearings, issue citations, or ask
for penalties. The department essentially says, "Do this or
we'll sue you," and the department would do the same thing under
this bill.
Number 1228
CHAIR ANDERSON asked Representative Meyer to comment on why his
bill is limited to pornographic e-mails.
REPRESENTATIVE MEYER explained that other bills look at the
broader issue of unsolicited commercial e-mails. In this bill,
he said he wanted to treat e-mail the same as U.S. mail. He
said he doesn't like having his kids exposed to unsolicited
pornography. Rather than having his bill stalled over the
regulation of all unsolicited commercial e-mails, he focused on
pornography. He said that keeping the bill simple and not
setting a stricter level for adult material than already exists
should make the bill easier to get through the legislature. He
said there's still the chance that children will open an e-mail
with the ADV:ADLT heading, but that's a problem the parent needs
to handle.
Number 1368
REPRESENTATIVE GUTTENBERG asked whether the definition of
"explicit sexual material" under AS 11.41.455(a) must meet a
community standard or the recipient's definition of what is
offensive.
MR. SNIFFEN replied that the general test for determining what
is sexually explicit is a community standard. He said he didn't
think that would be a problem in HB 82. Most reasonable people
agree on what is explicit sexual material, he suggested.
REPRESENTATIVE ROKEBERG reminded committee members that the
language of AS 11.41.455, unlawful exploitation of a minor, is
included in their bill materials.
REPRESENTATIVE GATTO said he supports this bill because it could
succeed in filtering out a great deal of junk e-mails.
Number 1595
REPRESENTATIVE MEYER reminded members that HB 82 uses headings
that are in use in other states, so there will be some
consistency from state to state.
REPRESENTATIVE GUTTENBERG asked whether this bill relates only
to child pornography because AS 11.41.455 defines child
pornography.
REPRESENTATIVE MEYER said that HB 82 covers all pornography, not
just child pornography, with the words on page 2, lines 6-7,
"but is not limited to conduct engaged in by a child under 18
years of age".
Number 1595
REPRESENTATIVE DAHLSTROM read the specific conduct prohibited
under HB 82 and current law, AS 11.41.455(a).
REPRESENTATIVE MEYER, in conclusion, said he regretted removing
all commercial e-mails from HB 82, but he predicted such a
section would have trouble in the House Judiciary Standing
Committee. Other bills deal with these broader commercial
issues.
Number 1685
REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB
82, Version 23-LS0109\Q, Bannister, 2/10/03, out of committee
with individual recommendations and the accompanying fiscal
note. There being no objections, CSHB 82(L&C) was reported out
of House Labor and Commerce Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:48 p.m.
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