HB1221 HD1 HSCR274

STAND. COM. REP. NO.274

Honolulu, Hawaii

, 2001

RE: H.B. No. 1221

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 1221 entitled:

"A BILL FOR AN ACT RELATING TO CYBERSQUATTING,"

begs leave to report as follows:

The purpose of this bill is to prohibit and provide a civil remedy for "cybersquatting," the bad faith registration, sale, or use of an internet domain name that is identical, or confusingly similar to the personal name of another living person or deceased personality. Specifically, the bill:

(1) Lists a number of factors that may be considered by the court in determining bad faith;

(2) Gives the Attorney General (AG) enforcement authority on behalf of the State. If AG declines to enforce a particular case, the private party injured by cybersquatting may bring suit under the law and may recover attorney's fees and costs; and

(3) Provides remedies including injunctive relief, the transfer of the domain name to the injured private party, and a civil fine of up to $5,000 per domain name.

Verizon Hawaii submitted testimony in support of the intent of the bill and offered amendments. The Lieutenant Governor testified as a private citizen and provided comments and information.

Your Committee has made extensive technical, nonsubstantive amendments to this bill for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1221, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1221, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

		____________________________ KENNETH T. HIRAKI, Chair