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1999 Information Technology and Internet Lawsby Pam Greenberg and Heather MortonContentsSummary
Summary
The growth of the Internet is a fundamental force reshaping government, business and the home. To provide a legal framework for this new e-world, state lawmakers considered a variety of measures designed to facilitate electronic transactions, establish and improve electronic government services, combat electronic crime, ensure consumer protection on the Internet, and provide protection against computer disruptions (see table). In 1999, information technology and Internet-related legislation was introduced in every state. This report summarizes the major state enactments in 1999, grouped into five major areas:
Many states expanded or amended existing laws related to electronic commerce by authorizing contracts through electronic transactions and by legalizing digital or electronic signatures. Arizona, California, Iowa, Pennsylvania, Rhode Island, Texas and West Virginia expanded their laws to incorporate the use of electronic transactions or electronic funds transfers in creating contracts between individuals. Arkansas, California, Colorado, Georgia, Nevada, New Mexico, Oregon, Pennsylvania and Washington enacted laws regarding the recognition of digital or electronic signatures. California and Pennsylvania were the first states to pass versions of the Uniform Electronic Transactions Act, which gives electronic signatures and records the same legal standing as manual signatures and paper-based records. California, Connecticut and Maryland enacted laws regarding the sale of alcohol through the Internet. Iowa, Montana, North Carolina, North Dakota,
Tennessee,
Virginia
and Washington enacted legislation relating to taxes and fees imposed
on Internet sales and access.
Electronic Government Services and Information - (EGOV) In 1999, about three-quarters or the states passed e-government-related legislation, either by establishing bodies to study the use of the Internet and information technology, or by authorizing and, in some cases requiring, the use of information technology to improve the delivery of government services and information. Technology Management and Policymaking Arizona, Arkansas, California, Colorado, Georgia, Hawaii, Illinois, Iowa, Maine, Maryland, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Tennessee, Texas, Virginia, Washington, West Virginia and Wyoming created or continued commissions, committees and boards to study various information technology and Internet-related issues, including electronic public records, Internet access, privacy and electronic commerce. Electronic Filing and Public Information Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Louisiana, Maine, Michigan, Missouri, Montana, New Mexico, North Carolina, Ohio, Oregon, South Dakota, Texas and Utah enacted legislation to permit filing records, reports and tax returns electronically with governmental bodies. California and New York passed legislation to authorize electronic court appearances, and Tennessee and Texas passed legislation to authorize electronic participation in public meetings. Arizona, Arkansas, California, Hawaii, Illinois, Maryland, Michigan, Ohio, Oklahoma, Oregon, Tennessee, Texas, Utah, Virginia and Washington passed laws authorizing state agencies to publish or provide public information on the Internet. Florida enacted a law that requires the Department of Management Services to create an Internet-based "One-Stop Permitting System" for development permits, and Utah's Digital State Act requires state agencies to provide a variety of government services-such as license renewals and processing of applications, filings and registrations-via the Internet by 2002. Integrated Justice Information Systems Eleven states passed legislation concerning the integration or sharing
of justice information. Arkansas, Connecticut, Indiana
and Louisiana established some form of governing body charged with
the responsibility of developing or overseeing some form of integrated
justice information system. Minnesota passed legislation requiring
those state criminal justice agencies that are seeking grant money for
a criminal justice information system to adopt a comprehensive plan that
coordinates with the state's plan. Florida, Georgia, Montana
and Nevada ratified the National Crime Prevention and Privacy Compact,
which authorizes participating states and the Federal Bureau of Investigation
to make all unsealed criminal history records available in response to
authorized non-criminal justice requests for information. Illinois
established an automated victim notification system, and Maine provided
for the addition of civil records to the criminal justice information system.
Computer and Electronic Crime - (ECRIME) About half the states passed laws to establish or expand criminal penalties for crimes committed using technology and the Internet. Arkansas, California, Illinois, Louisiana, Minnesota, Nevada, North Carolina, Oregon and Tennessee created crimes related to financial identity fraud, theft and forgery, when identifying information such as electronic identification numbers and digital signatures is used. California, Connecticut, Delaware, Illinois, Iowa, Louisiana, Michigan, New Hampshire, North Carolina, North Dakota, Pennsylvania, Texas, Vermont, Virginia and Washington expanded laws to prohibit the use of computers and the Internet related to crimes such as counterfeiting, spamming, gambling and harassment. California, Delaware, Mississippi, Montana, New Jersey and Rhode Island enacted legislation regarding the use of technology related to searches and wiretapping, both by governmental agents and citizens. Connecticut, Georgia, Illinois, Maine, Michigan,
Minnesota,
New
Hampshire and Virginia expanded laws to prohibit solicitation
of minors over the Internet and electronic child pornography.
Internet and Electronic Mail - (INT) Nearly half the states enacted Internet and e-mail-related legislation. Some Internet-related enactments (for example, those that require various types of information to be posted on the Internet or that deal with electronic commerce) appear in the Electronic Government Services and Information or the Electronic Commerce and Transactions sections. The laws listed here deal more directly with Internet regulation. Twelve states-Connecticut, Delaware, Illinois, Iowa, Louisiana, North Carolina, Oklahoma, Rhode Island, Tennessee, Vermont, Virginia and West Virginia-addressed the problem of unsolicited commercial e-mail (spam) for the first time this year. Nevada and Washington amended existing laws relating to spam. Most of these laws target spammers who misrepresent, falsify or forge the point of origin or the routing information of messages. In 1999, six states-Arizona, Louisiana, Michigan, Pennsylvania, South Dakota and Virginia-enacted legislation aimed at protecting minors from access to pornography from school or library computers. These states require schools or libraries to adopt policies regarding Internet access or require the use of filtering or blocking software, sometimes as a condition for future funding. Nevada and Virginia enacted legislation requiring state agencies to develop policies regarding state employee use of the Internet on government computers. Connecticut, Georgia, Illinois, Maine, Michigan and Virginia enacted laws relating to the solicitation, luring or depiction of minors in illegal sexual activities through the use of a computer. Maine and Minnesota amended laws to prohibit the use of minors in visual depictions, including computer-generated images that depict actual or simulated sexual conduct. Illinois prohibits posting identifying information about minors on pornographic websites, and Maine requires written parental consent before a public school may publish personal information about students. New Hampshire adds computer pornography and child exploitation offenses to the criminal offenders registration statute. Michigan and Virginia enacted legislation to prohibit the dissemination of sexually explicit materials to minors, and West Virginia prohibits sending bulk electronic mail messages that contain sexually explicit materials. Pennsylvania and New Hampshire expanded laws related to the crimes of terroristic threats or harassment and stalking to include electronic means of communication. Illinois passed legislation to prohibit prisoners from having access to or from entering personally identifiable information into computers, and North Dakota allows courts to prohibit defendants from having access to the Internet as a condition for probation. Online privacy issues were addressed in several states, including laws
in Georgia, Illinois and Maine regarding publishing names
or identifying information about students or minors on websites. Arizona
and California allow peace or public safety officers to deny public
access via the Internet to identifying information if the information poses
a threat to the officer. Nevada and Rhode Island require
Internet service providers to keep information about subscribers confidential,
and Virginia expands its Privacy Protection Act, which relates to
state agency information systems, to include information collected or managed
by means of computer networks and the Internet. Arizona established
a study committee that looked at Internet privacy issues, and Tennessee
authorized a study on the privacy aspects of the use of electronic mail
by public officials and employees.
Year 2000 - (Y2K) Predictions about possible disruptions of government, financial, health and other industry services as a result of the turnover to the year 2000 on computers led many states to enact legislation to protect citizens and guard against potentially excessive or harmful lawsuits. Before 1999, five states had laws specifically limiting government liability for problems resulting from the Year 2000 date conversion. In 1999, Arkansas, Florida, Hawaii, Indiana, Louisiana, Maine, Michigan , New Jersey, North Dakota, Oregon, Rhode Island, Tennessee, Virginia, Washington and Wyoming passed similar legislation, either creating or expanding limits on government liability for Y2K errors or omissions. A number of states-Arizona, California, Colorado, Florida, Hawaii, Illinois, Michigan, Nebraska, New Jersey, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas and Virginia-passed laws to limit business and individual liability stemming from Year 2000 disruptions. Arizona, Minnesota, North Carolina, Oregon and Texas established an affirmative defense against liability suits based upon Y2K problems, and Florida, Nebraska, Oregon, Rhode Island, South Carolina and Texas limited damages recoverable in actions arising from the Y2K date change. Colorado, California, Illinois, Michigan, North Carolina and Tennessee acted to protect consumers from adverse financial consequences due to Y2K problems. Alabama, California, Connecticut, Georgia and Virginia enacted legislation to step up agency reporting requirements, create longer New Year's holiday weekends, or otherwise require agencies to take action to address Year 2000 disruptions. To avoid potential problems with obtaining prescription drugs, California passed legislation giving pharmacists limited powers to provide additional prescription refills.
Table: States and Jurisdictions that Passed Information Technology and Internet Laws in 1999
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