STAND. COM. REP. NO. 2381

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2352
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred S.B. No. 2352 entitled: 

     "A BILL FOR AN ACT RELATING TO COMPUTER OFFENSES,"

begs leave to report as follows:

     The purpose of this bill is to strengthen existing laws
relating to computer related offenses and add other computer
related crimes.

     In addition, this bill provides for civil actions based on
computer crimes.

     Testimony in support of the measure was received from the
Hawaii Public Library System and oral testimony from one
individual.

     Your Committee finds that Hawaii's current computer law is
limited and does not cover many computer-related crimes.  This
leaves computer users throughout the State without any recourse
against the perpetrators of computer crimes.

     Your Committee agrees that in order to provide stronger
protection for Hawaii residents against computer-based crimes,
current laws should be amended to cover crimes, including
computer fraud, taking by computer in the first and second
degrees, computer trespass in the first and second degrees,
unlawful distribution, unsolicited electronic mail, and computer
invasion of privacy.

 
a                                                     SB2352 SD1
                                   STAND. COM. REP. NO. 2381
                                   Page 2



     Your Committee amended the measure by eliminating the
sections applying to the appropriation for the department of the
attorney general.  The new provisions on the unlawful
distribution of computer software which can cause falsification
of electronic mail transmissions were amended by adding "usenet
newsgroup posting".  This term was added to the definitions and
defined.  Finally, technical, nonsubstantive amendments were made
for clarity and consistency.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2352, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2352,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
a                                                     SB2352 SD1