STAND. COM. REP. NO. 2148

Honolulu, Hawaii

RE:    S.B. No. 2066

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Economic Development and Technology, to which was referred S.B. No. 2066 entitled:

"A BILL FOR AN ACT RELATING TO UNAUTHORIZED COMPUTER ACCESS,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend sections 708-895.5, 708-895.6, and 708-895.7, Hawaii Revised Statutes, to:

     (1)  Raise the minimum monetary value from $5,000 to $20,000, if unauthorized computer access in the first degree is charged based on the monetary value of information obtained;

     (2)  Increase unauthorized computer access in the first degree from a class B to a class A felony;

     (3)  Increase unauthorized computer access in the second degree from a class C to a class B felony; and

     (4)  Increase unauthorized computer access in the third degree from a misdemeanor to a class C felony.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.  Your Committee received comments on this measure from the University of Hawaii System.

     Your Committee finds that as society becomes increasingly reliant on the Internet for the storage and transfer of valuable and confidential information, it becomes equally tempting for would-be "hackers" to access computer networks and information systems without authorization.  Expanding internet connectivity and the proliferation of mobile devices, such as tablets and smartphones, combined with the modern ease of creating or obtaining malware, have resulted in the rapid growth of online criminal activity.

Your Committee further finds that stricter penalties for unauthorized computer access will not only present a stronger deterrent for unauthorized computer access, but also emphasize to the public and would-be offenders that these types of activities will not be tolerated.

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2066 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

____________________________

CAROL FUKUNAGA, Chair