CONFERENCE COMMITTEE REP. NO. 43-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2377

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2377, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PRIVACY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to add digital recordation to the type of record covered by the crime of violation of privacy. The measure also:

(1) Prohibits unauthorized interception and divulging of photographic images by phone; and

(2) Defines the terms "electronic communication," "electronic communication service," "electronic communication service provider," "remote storage service," and "electronic communication system."

This measure exempts electronic communication service providers and remote storage services that disseminate, distribute, or transfer images in the ordinary course of business from the offense of violation of privacy.

This measure makes statutory amendments to the existing privacy law in order to prohibit the inappropriate use of new digital technologies, such as cellular phones, that are capable of taking digital photographs and transmitting those images.

Your Committee has amended this measure by making a technical non-substantive amendment.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2377, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2377, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

BRIAN SCHATZ, Co-Chair

____________________________

DAVID Y. IGE, Co-Chair

____________________________

BLAKE K. OSHIRO, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair