STAND. COM. REP. NO. 1174-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2377

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2377, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PRIVACY,"

begs leave to report as follows:

The purpose of the bill is to:

(1) Amend the definition of "record" to include digital recordings within the purview of privacy offenses;

(2) Clarifying that the offenses of violation of privacy in the first and second degrees include the use or installation, or both, in any private place and without the consent of the person or persons entitled to privacy therein, of any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place;

(3) Include photographic images intercepted or divulged without the consent of the sender or receiver, under the offense of violation of privacy in the second degree; and

(4) Exempt electronic communication service providers and remote storage services that disseminate, distribute, or transfer images in the ordinary course of their business from the offense of violation of privacy in the second degree.

The Department of the Prosecuting Attorney of the City and County of Honolulu and the Honolulu Police Department supported this bill. T-Mobile USA, Inc., submitted comments.

Your Committee finds that cellular telephones are capable of capturing photographic images and transmitting them in a manner that invades individuals' privacy. This measure seeks to discourage this misuse of technology.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2377, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair