COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 10/24/07

The Senate Communications and Technology Committee met on Wednesday, October 24, 2007, at 10:00 a.m. and reported the following:

SB 390 (Senator Corman) This bill provides for the offense of “phishing” or the intentional act to defraud anyone through unauthorized communication. Grades of offenses and penalties are also included.

Senator Corman offered amendment number A03762 that included web pages within the definition of “communication.” It also defines and includes “interactive computer service” as an information system that enables access by multiple users to a computer server. Finally, along with several technical changes, the amendment provides multiple venues where civil action may be brought.

The bill was unanimously reported out as amended

SB 1000 (Senator Wonderling) This bill would prohibit the regulation of voice over Internet Protocol (IP) as well as provide for consumer protection, fees and rates, and preservation of cable franchise authority.

Senator Wonderling offered amendment number A03708 that was mostly technical in nature except that it removes “IP-enabled service” from the fees and rates section.

The amendment was unanimously agreed to and the bill was reported out as amended with a 9-1 vote count.

HB 221 (Representative Tangretti) This bill would establish the Historic Preservation Incentive Grant Program to support the renovation or preservation of historic commercial and residential sites.

The bill was reported out with the recommendation to re-refer it to the Community, Economic and Recreational Development Committee.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 05/07/07

The Senate Communications and Technology Committee met on Monday, May 7, 2007, and unanimously reported out the following bills as committed:

Senate Bill 385 (Corman) – This bill would provide for Voice over Internet Protocol (VoIP) telephone service and establish the VoIP Emergency Services Fund. This legislation would require VoIP telephone service providers to assess a $1 fee for each customer service line. This fee would be distributed by PEMA to counties to assist with implementing their 911 plans.

Senate Bill 711 (Gordner) – Known as the Consumer Protection Against Computer Spyware Act, this bill would prohibit the distribution of “spyware” that modifies a user’s preferences or security settings, collects personal information, prevents installation or operation of anti-spyware software, or takes control of a user’s computer.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 06/27/06

The Senate Communications and Technology Committee met on Tuesday, June 27, 2006, and unanimously reported out the following bills as amended:

Senate Bill 1218 (Wonderling) – This bill would amend the Unfair Trade Practices and Consumer Protection Law to provide an exclusion from coverage for Internet service providers (ISPs). Sen. Wonderling offered amendment A8595, which deleted some unnecessary language and added language to bring the definition of “Internet service provider” into conformity with federal law. The committee agreed to the amendment.

House Bill 2134 (Fairchild) – This bill would limit the collection of Social Security numbers by state agencies and local governments, prohibit health insurance providers from using these numbers for identification, and provide for duties of the Department of Transportation. Sen. Wonderling offered amendment A8533, which added language to ensure the state’s continued compliance with federal child support enforcement provisions. The committee agreed to the amendment.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 06/13/06

The Senate Communications and Technology Committee met on Tuesday, June 13, 2006, and reported out the following bill unanimously, as amended:

Senate Bill 1036 (Conti) - This bill would amend the Crimes Code to create a new offense called “phishing,” which is the practice of sending an electronic mail that fraudulently claims to represent a legitimate business and using that communication to solicit identifying information. Sen. Wonderling offered amendment A7726, which replaced the bill’s original language. The amendment language specifies that if a victim provides information, the actor could be charged with a third-degree felony. If the actor sells or distributes the information, he could be charged with a second-degree felony. Under the amendment, the Attorney General would have sole jurisdiction to prosecute violations. The amendment also provides Internet service providers and other Web site owners with standing to seek civil relief if their business is misrepresented by a phisher. A vote of 11-0 was recorded on the amendment and bill.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 12/6/05

The Senate Communications and Technology Committee met on Tuesday, December 6, 2005, and reported out the following bills unanimously as amended:

Senate Bill 770 (Connie Williams) – This bill would provide for electronic postmarks and their use by state government. Sen. Williams offered amendment A4799, which stipulates that electronic postmarks may not be used for service of original process of a summons, complaint, or other legal papers and requires that both parties agree to the use of electronic postmarks.

Senate Bill 936 (Corman) – This bill would provide for Voice over Internet Protocol (VoIP) telephone service and establish the VoIP Emergency Services Fund. Sen. Corman offered amendment A4789, which clarifies the definition of a VoIP customer, provides for customers who purchase multiple access lines, provides for customer confidentiality, and changes the effective date of the act to 120 days from passage.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 6/13/05

The Senate Communications & Technology Committee met on Monday, June 13, 2005, and unanimously reported out the following bills as committed:

Senate Bill 713 (Wonderling) – This bill would require consumers to opt-in for listing in any cellular phone provider’s directory. Also, cell phone owners may not be charged an additional fee for having an unlisted number.

Senate Resolution 126 (Thompson) – This resolution would designate the week of June 19-25, 2005 as “Biosciences Week” in Pennsylvania.

The following bills were unanimously reported out as amended:

Senate Bill 711 (Gordner) – This bill would prohibit the distribution of “spyware” that modifies a user’s preferences or security settings, collects personal information, or takes control of a user’s computer. Sen. Gordner offered amendment A1485, which would add definitions, make technical changes, and stipulate that district attorneys and the attorney general both have the power to prosecute offenders under this legislation.

Senate Bill 712 (Wonderling) – This bill would require companies to notify consumers when their personal information (including social security numbers, driver’s license numbers, and banking information) has been revealed due to a security system breach. Sen. Wonderling offered amendment A1533, which makes technical changes, gives sole jurisdiction to the attorney general, states that a company fulfilling any federal requirements for notification shall be in compliance with state law, and requires notification to the credit agencies in the event that over 1,000 consumers must be contacted.

Senate Bill 601 (Wonderling) – This bill would provide for the confidentiality of social security numbers. Sen. Wonderling offered amendment A1493, which would extend jurisdiction to both district attorneys and the attorney general, and amendment A1548, which would require social security numbers transmitted through the mail not be printed on the envelope or visible from outside the envelope.

COMMUNICATIONS AND HIGH TECHNOLOGY COMMITTEE 6/15/04

On Tuesday, June 15, 2004, the committee met to consider SB 885.

SB 885 (Conti) - An Act amending the act of December 16, 2002 (P.L.1810, No.222),

known as the Unsolicited Telecommunication Advertisement Act, establishing a

Statewide do-not-e-mail list.  The bill was reported as amended unanimously.

Communications and High Technology Committee 2/10/04

The Communications and High Technology Committee met on Tuesday, February 10, 2004,
and took the following action:

Reported Out as Committed: (Unanimously)

SB 704 (CORMAN) An Act amending Title 18 (Crime and Offenses) of the Pennsylvania Consolidated Statutes, requiring Internet service providers to maintain confidentiality of certain information; and imposing a penalty.

Reported Out as Amended (Unanimously)

SB 705 (CORMAN) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for deceptive or fraudulent business practices.

The first amendment (Wonderling) stated that since banks are already governed under federal law regarding internet privacy policies, this amendment exempts them from the state law.

The second amendment (Rafferty) made a violation a summary offense, not a felony or a misdemeanor.

Reported Out as Committed (Unanimously)

SB 893 (CORMAN) An Act providing for notice to employees of electronic monitoring by employers of network and information technology resources; establishing a cause of action; and imposing civil penalties.

Communications and High Technology Committee 6/30/03

The Senate Communications and Technology Committee met on Monday, June 30, 2003 and unanimously reported out the following bill as amended:

House Bill 1018 (Semmel) - This bill amends the Public Safety Emergency Telephone Act to establish an enhanced wireless E-911 emergency telephone system to allow county 911 centers to accurately pinpoint the location and phone number of a person who is calling for emergency assistance.

A1962 (Corman) - This amendment removes the bill's language and replaces it with the language from Senate Bill 432, which also provides for the wireless E-911 system.

The following amendment to A1962 was also unanimously adopted:

A2587 (Corman) - This amendment exempts private pay phone providers from paying 911 fees.

Communications and High Technology Committee 5/12/03

The Senate Communications and Technology Committee met on Monday, May 12, 2003 and unanimously reported out the following bill as amended:

Senate Bill 432 (Conti) - This bill creates an enhanced wireless E-911 emergency telephone system to allow county 911 centers to accurately pinpoint the location and phone number of a person that is calling 911 for emergency assistance. The system will be funded by a $1 surcharge on wireless telephones that are registered in Pennsylvania.

A0599 (Corman) - This amendment makes a number of technical changes. Most notably, it replaces the term "public agency" with "PSAP" wherever it appears in the bill. The amendment also mandates a surcharge sunset date of June 30, 2009 for the $1 surcharge fee.

Communications and High Technology Committee 4/29/03

The Senate Communications and Technology Committee met on Tuesday, April 29, 2003 and unanimously reported out the following bill as amended:

Senate Bill 79 (Mowery) - The bill amends Act 34 of 1995 to allow persons who are legally blind or eligible to receive services from the National Library Service for the Blind and Physically Handicapped to be eligible to participate in the Print Media Access System Program, which would allow these persons to access a national or statewide telephone service that provides access to national and local newspapers over the telephone.

A0232 (Mowery) - The amendment removes from the bill the ability of the Department of Labor and Industry to use funds raised by the telecommunications surcharge to pay administrative costs. It also adds the Telecommunications Relay Service Program to the list of programs that the Department cannot use funds raised by the telecommunications surcharge to pay administrative costs. It also includes technical changes to the bill.

Communications and High Technology Committee 11/25/02

The Senate Committee on Communications and High Technology met on Monday, November 25, 2002 and reported out the following bills:

House Bill 2614 (PN 4364) (Raymond) This bill establishes the Unsolicited Telecommunication Advertisement Act prohibiting the transmission of unsolicited commercial faxes, email, or wireless text/graphic messages. This bill was unanimously reported out of committee.

Communications and High Technology Committee 9/19/02

The Senate Committee on Communications and High Technology met on Tuesday, November 19, 2002and reported out the following bills:

Senate Bill 1458 (PN 2056) (MOWERY) This bill expands the services provided under The Dual Party Relay Service and Telecommunication Device Distribution Act by adding a section for 'Print Media Access Systems' for the blind. This bill was amended and was unanimously reported out of committee.

House Bill 2015 (PN 3627) (DAILEY) This bill establishes the Information Technology and Electronic Commerce Advisory Council. This bill was amended and was unanimously reported out of committee.

House Bill 2424 (PN 3440) (PHILLIPS) This bill amends the Dual Party Relay Service and telecommunication Device Distribution Program (Act 34 of 1995) by expanding the scope of the definition “persons with a disability” to provide free telecommunication devices to any Commonwealth resident with a certified disability who requires TTY technology to effectively communicate. This bill was unanimously reported out of committee.

Communications and High Technology Committee 6/27/02

The Senate Committee on Communications and High Technology met on Thursday, June 27, 2002 and reported out the following bills:

Senate Bill 1403 (PN 2034) (D. WHITE) This bill amends the Crimes Code (Title 18) to provide for the offense of theft of trade secrets via computer. This bill was amended and unanimously reported out of committee (8-0).

Communications and High Technology Committee 6/4/02

The Senate Committee on Communications and High Technology met on Tuesday, June 4, 2002 and reported out the following bills:

Senate Bill 1401 (PN 1943) (CORMAN) This bill creates a new Computer Offenses Chapter in the Crimes Code. It repeals all existing sections dealing with computer offenses and replaces them in a new chapter. This bill was amended and unanimously reported out of committee (11-0).

Senate Bill 1409 (PN 1953) (CORMAN) This bill amends the Crimes Code (Title 18) to require that Internet Service Provider (ISPs) maintain the confidentiality of subscriber information. This bill was reported out of committee (10-1).

Senate Bill 1410 (PN 1953) (CORMAN) This bill amends the Crimes Code (Title 18) to provide for deceptive or fraudulent business practices. This bill was unanimously reported out of committee (11-0).

Communications and High Technology Committee 5/7/02

The Communications and High Technology Committee met on Tuesday, May 7, 2002 and reported the following bills out of committee:

Senate Bill No 1406 (White) This bill provides for the definition and penalties of persons who commit the crime of ‘trespassing’ via computer. This bill was amended and reported out of committee. (8-0) House Bill 1546 (Baker) This bill further provides for identity theft by increasing the penalties on first-time and subsequent offenses. This bill was amended and reported out of committee.