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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONVENE A
    WORKING GROUP TO STUDY POTENTIAL LEGISLATION ON COMPUTER
    CRIMES.


 1        WHEREAS, the advent of the information age has
 2   dramatically changed the way in which the world communicates
 3   and how business is transacted, as evidenced by an IntelliQuest
 4   Company survey that reports over 79,000,000 adults online as of
 5   March 1999, or thirty-eight per cent of the American population
 6   sixteen years and older; and
 7   
 8        WHEREAS, criminal activity conducted on personal
 9   computers, such as computer harassment, cyber-stalking,
10   computer trespass, invasion of privacy, theft of computer
11   services, embezzlement, and forgery have proliferated as the
12   use of personal computers has increased; and
13   
14        WHEREAS, other computer-related activities like the
15   sending of unsolicited bulk email, or spamming, which states
16   are now considering prohibiting, have caused recipients of such
17   email to suffer inconvenience and harassment and incur
18   unnecessary costs through increased communications storage
19   charges, and loss of communication service time due to system
20   interruptions and network shutdowns due to overloads of these
21   unsolicited electronic advertisements; and
22   
23        WHEREAS, the inexpensiveness, immediacy, and anonymity of
24   personal computer communications, coupled with the exponential
25   and explosive growth of the internet and its availability to
26   over thirty-nine per cent of the nation's households make it an
27   attractive instrument for those who would abuse these features
28   to commit crimes or to harass others; and
29   
30        WHEREAS, the Legislature finds that current state laws do
31   not provide adequate protections or remedies to the online
32   community to prevent and discourage unlawful activities
33   conducted on personal computers; now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 1999, the House of
37   Representatives concurring, that the Legislative Reference

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1   Bureau is requested to convene a working group to study
 2   possible legislation on unlawful activities on personal
 3   computers, including computer harassment, cyber-stalking,
 4   computer trespass, invasion of privacy, theft of computer
 5   services, embezzlement, forgery, unsolicited commercial email,
 6   and similar or related problems which are conducted with the
 7   use of personal computers; and
 8   
 9        BE IT FURTHER RESOLVED that the Legislative Reference
10   Bureau is requested to include in the working group
11   representatives of the Department of the Attorney General,
12   Office of Consumer Protection, Public Defender's Office, the
13   Prosecutor's Office of one or more of the counties, the
14   Honolulu Police Department, victims of computer crimes,
15   Internet service providers, and web-hosting companies, with the
16   chair of the working group selected by its members; and
17   
18        BE IT FURTHER RESOLVED that the Legislative Reference
19   Bureau is requested to report the findings and recommendations
20   of the working group to the Legislature not later than twenty
21   days prior to the convening of the Regular Session of 2000; and
22   
23        BE IT FURTHER RESOLVED that certified copies of this
24   Concurrent Resolution be transmitted to the Acting Director of
25   the Legislative Reference Bureau, the Attorney General, the
26   Executive Director of the Office of Consumer Protection, the
27   Public Defender, the Prosecuting Attorney of each county, and
28   the Chief of Police of the Honolulu Police Department.