Telecommunications & Information Technology Overview
Information technology, electronic commerce, and advanced
telecommunications have a major impact on the economic vitality of states.
These new technologies empower citizens while at the same time challenging
traditional intrastate business models and economic rules. NCSL covers
information technology and telecommunications issues in several major
categories: information
technology and Internet, telecommunications,
e-commerce and Internet
taxation, privacy, and legislative information
technology. See the program summary for information on the NCSL staff
members who track these issues.
Information
technology and Internet issues are raising many new legal and
policy questions for state lawmakers. The safety of children on the
Internet is a high priority for lawmakers. Computer crimes
are on the rise nationwide, including cyberstalking, computer hacking, viruses and cyberterrorism.
Following the tragedy of Sept. 11, 2001, many legislatures strengthened electronic
surveillance powers for law enforcement agencies to help thwart
further acts of terrorism. Justice information
sharing systems provide greater access to accurate information
critical to state and local criminal justice agencies in combating crime.
Electronic government
allows consumers to access government services--renew licenses, pay taxes,
apply for benefits--and tap public information online. Spam, or unsolicited
commercial e-mail, is a growing annoyance for Internet users, and it has
significant costs for Internet service providers, businesses and
recipients.
Telecommunications
technologies and the rapid changes they bring have created significant
policy challenges for state lawmakers. The Telecommunications Act of 1996
altered the regulatory landscape. Telemarketing regulation
by state legislatures has taken on added significance with the
validity of the national do-not-call list, with 55 million consumer names
appearing on it, placed into doubt by the courts. State legislatures have
provided consumer protection from unauthorized changes
of long-distance carriers and the unauthorized
use of communication devices on school property. NCSL policy
resolutions on several telecommunications issues have been approved to
provide effective state-federal action.
Electronic
Commerce transcends state and national borders making some
existing laws, regulations, and taxing schemes of state and local
governments non-enforceable and even obsolete. To support online commerce,
state legislatures have been active in passing measures to validate electronic
signatures. Most states have enacted electronic signatures laws based
on the Uniform Electronic Transactions
Act (UETA), a model law developed by the National Conference of
Commissioners on Uniform State Laws (NCCUSL). NCSL's Task Force on State and
Local Taxation of Telecommunications and Electronic Commerce endorsed
recommendations to overhaul state and local taxation of the
telecommunications industry. By the end of 2003, 20 states had enacted
legislation to reform sales tax administration in accordance with
provisions of the Streamlined Sales
and Use Tax Agreement.
Privacy
issues are a growing concern of Americans, especially as the Internet and
technology have made personal information more accessible and easier to
collect and manipulate. Ten states have constitutional
provisions that expressly provide greater privacy protections than the
U.S. Constitution. NCSL tracks privacy-related issues in six major areas:
education privacy,
Internet
privacy, financial
privacy, identity theft, and
health privacy.
In addition, states have enacted Internet privacy
laws aimed at commercial Web sites, Internet service providers,
and private employers. In other state actions,
several states have established privacy offices and task forces to examine
privacy issues and many states have adopted Web site privacy policies for
state agencies and legislative Web sites. Identification
systems are key to many essential private sector and government
transactions and services, as well as to public safety efforts. An NCSL Foundation
for State Legislatures Identification
Security Partnership Project is looking at developing secure ways to
verify or authenticate individual identity without compromising personal
privacy.
Legislative information
technology is an integral part of all state legislatures today.
Legislators are becoming high-tech, with a majority of states now
providing Internet or television broadcasts of
legislative proceedings. Legislators have laptops
in more than half the states, and they are increasingly engaging in ways
to manage web
sites and e-mail
communications with constituents. Legislative staff who provide
information technology infrastructure and computer support services for
legislatures can work with their counterparts in the states through the National Association of
Legislative Information Technology.
The Standing Committee on
Communications, Technology and Interstate Commerce provides a
forum for legislators and legislative staff to discuss and exchange
information about state policy in these areas. The legislators who serve
on this committee determine the organization's lobbying effort.
NCSL staff who work on information technology and telecommunications
issues include members of Denver's Legislative Information Services
program: Group Director JoAnne Bourquard, Bob Boerner, Janna Goodwin,
Heather Morton and Pam Greenberg. Pam Greenberg is also liaison to the National Association of
Legislative Information Technology. Neal Osten in the D.C. office
handles state-federal issues and, along with JoAnne Bourquard, provides
support to the NCSL Standing Committee on
Communications, Technology and Interstate Commerce. |
