STAND.
COM. REP. NO. 1396
Honolulu, Hawaii
, 2021
RE: S.B. No. 309
S.D. 1
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Sir:
Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 309, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PRIVACY,"
begs leave to report as follows:
The purpose of this measure is to include under the offense of violation of privacy in the first degree the intentional creation or disclosure or threat of disclosure of certain types of deep fake images or video.
Your Committee finds
that H.C.R. No. 225, H.D. 1, S.D. 1 (Regular Session of 2019), established the
Twenty-First Century Privacy Law Task Force (Task Force) and tasked the Task
Force to examine and recommend laws and regulations relating to internet privacy;
the collection, transmission, processing, protection, storage, and sale of
personal data; hacking; data breaches; and other similar subjects.
Your Committee further
finds that, among the various areas of risk the Task Force discussed, the Task Force
discussed and examined deep fake technology.
Deep fake technology is the process of digitally manipulating existing
audio and video to depict a person doing or saying something that they did not
say or do. Identifying false video and
audio employing the use of deep fake technology can be difficult for an unaware
viewer. Additionally, deep fake
technology is increasingly being used to depict individuals as engaging in
sexual activity or as performing in the nude without consent or participation,
with the intent of causing economic, reputational, and emotional harm.
Your
Committee finds that, among the several recommendations made by the Task Force,
the Task Force recommended addressing the issue of deep fake technology by
establishing criminal violations for those who violate a person's privacy through
the creation or disclosure of deep fake videos that include the likeness of
another person engaging in sexual conduct or performing in the nude without
consent or participation. This measure
will protect the people of the State from the malicious use of this emerging
technology.
Your
Committee has amended this measure by:
(1) Clarifying that the composite image or video depicting the fictitious person be a realistic photographic image or video;
(2) Applying the reasonable person standard to the fictitious image of the depicted person;
(3) Requiring that the depicted person suffer harm as a result of the realistic photographic image or video;
(4) Exempting realistic photographic images or videos that are a matter of legitimate public concern; have political or newsworthy value; or are commentary, criticism, or disclosures that are otherwise protected by the United States Constitution and Hawaii State Constitution;
(5) Changing the effective date to December 1, 2050, to encourage further discussion; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 309, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 309, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ AARON LING JOHANSON, Chair |
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