Report Title:

Public safety

 

Description:

Mandates that internet service providers and computer technicians report incidents of child pornography discovered during their course of business.  Provides civil immunity for good faith disclosure to law enforcement authorities.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2640

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to safety.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

Chapter

CYBERSAFETY; Computer technicians and internet service providers

     §A-1 Failure to report computer child pornography.   (a)  A person commits the offense of failure to report computer child pornography if the person:

          (1)  is the owner, operator, or employee of an                      interactive computer service, internet service                 provider, bulletin board service, or is a                      computer technician; and either

          (2)  knowingly fails to notify a law enforcement                         official having jurisdiction that a subscriber is              using the interactive computer service, internet                   service, or bulletin board service to acquire,                 possess, solicit, or transmit child pornography,                   or knowingly fails to furnish a copy of that                 image, or picture, to the law enforcement agency;              or knowingly fails to keep the image or picture                  according to law enforcement agency's                          instructions; or

          (3)  knowingly fails to notify a law enforcement                         official having jurisdiction that through their                    knowledge or observation, within the scope of                 their professional capacity or employment, of the               existence of an electronic visual image,                        computer-generated image or picture depicting a                person that the computer technician has reason to           know or believe is a child engaged in child                        pornography; or knowingly fails to furnish a copy              of that image or picture, to the law enforcement                   agency; or knowingly fails to keep the image or                    picture, according to law enforcement agency's                 instructions.

     (b)  Failure to report computer child pornography is a class C felony.

     §A-2 Civil immunity.    (a)  If a computer technician reports to a law enforcement agency having jurisdiction, their knowledge or observation, within the scope of their professional capacity or employment, of an electronic visual image, computer-generated image or picture depicting a person that the computer technician has reason to know or believe is a child engaged in child pornography; furnishes a copy of that image or picture to the law enforcement agency; or keeps the image, picture, or sound recording according to law enforcement agency's instructions, both of the following shall apply:

          (1)  The identity of the computer technician shall be                    confidential, subject to disclosure only with                  their consent or by judicial process; and

          (2)  If the computer technician acted in good faith,                     they shall be immune from civil liability that                 might otherwise be incurred by their actions.                 This immunity extends only to acts described in                this section.

     (b)  If the owner, operator, or employee of an interactive computer service, internet service provider, or bulletin board service reports to a law enforcement agency having jurisdiction, their knowledge or observation, that a subscriber is using the interactive computer service, internet service, or bulletin board service to acquire, possess, solicit, or transmit child pornography of an electronic visual image, computer-generated image or picture depicting a person that the owner, operator, or employee of an interactive computer service, internet service provider, or bulletin board service has reason to know or believe is a child engaged in child pornography, furnishes a copy of that image or picture to the law enforcement agency or keeps the image or picture according to law enforcement agency's instructions, both of the following shall apply:

          (1)  The identity of the owner, operator, or employee                    of an interactive computer service, internet                   service provider, or bulletin board service shall             be confidential, subject to disclosure only with                 their consent or by judicial process; and

          (2)  If the owner, operator, or employee of an                      interactive computer service, internet service                 provider, or bulletin board service acted in good             faith, they shall be immune from civil liability                 that might otherwise be incurred by their                       actions.  This immunity extends only to acts                   described in this section.

     §A-3 Definitions.  As used in this chapter:

     "Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:

    (a)   The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or

    (b)   The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.

     "Computer technician" means a person who installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.

     "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.

     "Interactive computer service" means any information system, service, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides service to the internet.

     "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software that comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to that protocol, to communicate information of all kinds by wire or radio.

     "Internet service provider" or "provider" means any person, business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the internet through equipment that is located in this State."

     SECTION 2.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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