Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Science, Arts, and Technology, to which was referred S.B. No. 2377 entitled:

begs leave to report as follows:

The purpose of this measure is to include digitally recorded images and the use of any device to make such recordings part of the offense of violation of privacy in the second degree.

The Honolulu Police Department and the Department of the Prosecuting Attorney for the City and County of Honolulu testified in support of the measure. T-Mobile, USA expressed concerns regarding the potential criminal liability of wireless telecommunications service providers under this bill.

Your Committee finds that this bill enhances the constitutionally protected right of privacy guaranteed to Hawaii's citizens under Hawaii's Constitution against intrusions on their privacy by the use of wireless telecommunication devices such as camera cellular telephones and other devices that are able to capture and transmit digital images. This bill recognizes the challenges posed by the advent of sophisticated wireless technology and has sought to keep pace with these advancements by adapting the provisions of the Hawaii Revised Statutes to meet these challenges.

Your Committee has amended this bill to exclude electronic communication service providers and remote storage services that transfer, disseminate, or distribute images in the ordinary course of business.

As affirmed by the record of votes of the members of your Committee on Science, Arts, and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2377, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2377, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.