THE SENATE

S.B. NO.

432

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to unlawful internet posting of personal information.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 487J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"487J- Unlawful internet posting of sitting, full-time justice's or judge's home address, or personal telephone or cellular phone number. (a) No state or county agency shall post on the Internet the home address, or personal telephone or cellular phone number of a sitting, full‑time justice or judge without first obtaining the written permission of that person.

(b) No person shall knowingly post on the Internet the home address, or personal telephone or cellular phone number of any sitting, full‑time justice or judge, or the justice's or judge's residing spouse or child:

(1) Knowing that the individual whose information is posted is a sitting, full‑time justice or judge, or the justice's or judge's residing spouse or child; and

(2) Intending to cause bodily injury to the individual.

(c) A violation of subsection (a) or (b) is a misdemeanor.

(d)(1) No person, business, or association shall publicly post or publicly display on the Internet the home address, or personal telephone or cellular phone number of any sitting, full‑time justice or judge if that official has made a written demand of that person, business, or association to not disclose the information;

(2) A written demand made under paragraph (1) by a sitting, full‑time justice or judge shall be effective for four years, regardless of whether the justice's or judge's term has expired prior to the end of the four-year period;

(3) A person, business, or association that receives the written demand of a sitting, full‑time justice or judge pursuant to paragraph (1):

(A) Shall remove the justice's or judge's home address, or personal telephone or cellular phone number from public display on the Internet, including information provided to cellular telephone applications, within forty-eight hours of delivery of the written demand, and shall continue to ensure that this information shall not be reposted on the same internet website, subsidiary site, or any other internet website maintained by the recipient of the written demand; and

(B) Shall not transfer the justice's or judge's home address, or personal telephone or cellular phone number to any other person, business, or association through any other medium; provided that this subparagraph shall not be deemed to prohibit a telecommunications carrier, as defined in section 269-1, or its affiliate, from transferring the justice's or judge's home address, or personal telephone or cellular phone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in an emergency, or to collect a debt owed by the justice or judge to the telephone carrier or its affiliate;

(4) For the purposes of this subsection, "publicly post" or "publicly display" means to intentionally communicate or otherwise make information available to the general public;

(5) A sitting, full‑time justice or judge whose home address, or personal telephone or cellular phone number is made public as a result of a violation of this subsection may bring an action seeking injunctive or declaratory relief. If a court finds that a violation has occurred, it may grant injunctive or declaratory relief and shall award the justice or judge court costs and reasonable attorney's fees; and

(6) A sitting, full‑time justice or judge may designate in writing the justice's or judge's employer, a related governmental entity, or any other individual or entity to act, on behalf of the justice or judge, as that person's agent with regard to making a written demand pursuant to this subsection.

(e) An interactive computer service or access software provider, as defined in 47 United States Code section 230(f) shall not be liable under this section unless the service or provider intends to cause bodily injury to a sitting, full‑time justice or judge.

(f) Nothing in this section is intended to preclude civil or criminal liability or relief under any other provision of law."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Judiciary Package; Internet Posting of Personal Information

 

Description:

Regulates internet posting of sitting, full-time justices' or judges' home addresses and personal telephone and cellular phone numbers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.