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.