Legislature(2003 - 2004)

03/10/2003 03:16 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB  36-ELECTRONIC MAIL                                                                                                        
                                                                                                                                
Number 0065                                                                                                                     
                                                                                                                                
CHAIR ANDERSON announced  that the first order  of business would                                                               
be  HOUSE  BILL NO.  36,  "An  Act  relating to  electronic  mail                                                               
activities and  making certain electronic mail  activities unfair                                                               
methods of competition  or unfair or deceptive  acts or practices                                                               
under  the Act  enumerating unfair  trade practices  and consumer                                                               
protections."                                                                                                                   
                                                                                                                                
Number 0083                                                                                                                     
                                                                                                                                
REPRESENTATIVE LES GARA, Alaska  State Legislature, sponsor of HB                                                               
36, reminded  the committee  that Representative  Rokeberg wanted                                                               
to insure  that the person  sending out improper junk  e-mail was                                                               
held responsible,  not than the  Internet service  provider whose                                                               
equipment was  used.   He explained that  this language  has been                                                               
clarified in  the proposed  committee substitute  (CS) on  page 3                                                               
and 4.                                                                                                                          
                                                                                                                                
Number 0223                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD  moved to  adopt the  proposed CS  for HB                                                               
36,  Version  23-LS0224\V,  Bannister, 3/10/03,  as  the  working                                                               
document.   There being  no objection, Version  V was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA reiterated  that  Version  V specifies  that                                                               
only the  person or  business initiating the  e-mail can  be held                                                               
liable  for sending  out improper  junk  e-mail.   In an  earlier                                                               
version, there was  language that could have  been interpreted as                                                               
making an Internet  service provider a liable party.   On page 4,                                                               
line 5 of Version V, the  bill refers to the person who initiates                                                               
the sending of  an unsolicited e-mail; all  the language relating                                                               
to the  liability of Internet  service providers  was eliminated.                                                               
Referring to Version S, Representative  Gara said that on page 3,                                                               
line 12, everything  after the word "sender" was  deleted [in the                                                               
later version].   Therefore,  in Version  V the  Internet service                                                               
provider handling the e-mail bears no responsibility at all.                                                                    
                                                                                                                                
REPRESENTATIVE GARA  reminded members  that at the  last meeting,                                                               
an assistant  attorney opined that HB  36 is a valid  approach to                                                               
regulating unwanted  e-mail and would pass  constitutional muster                                                               
as well.                                                                                                                        
                                                                                                                                
Number 0456                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved to  report  the  CS for  HB  36,                                                               
Version 23-LS0224\V,  Bannister, 3/10/03,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  36(L&C) was  reported from  the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                

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