News from the States

Fall 1999

CONTENTS

Seamless Justice
The Scramble for Access to Internet Access Lines
Recent Developments on Telecommunications Rights of Way
Regulating Telemarketing Practices
E-Government in Massachusetts - Payroll Information on the Web
States Enact Anti-Spam Legislation

Seamless Justice

Advances in information technology provide improved capability to link law enforcement, court prosecution, public defense, correction, probation and parole reformation systems that will promote government efficiency and public safety. A new joint project of NCSL's Criminal Justice and Legislative Information Services Programs will inform and assist legislatures with their roles as states develop and move toward such integrated criminal justice information systems.

The NCSL project is carried out in partnership with the Bureau of Justice Assistance, as part of an initiative of the Office of Justice Programs. Tailored to the specialized needs of state legislatures, the project will provide for cross-jurisdictional analysis of information technology and criminal justice systems and policy. Discussion forums, research and project information will include addressing options for improving outdated or incompatible systems, standards for information storage and exchange, and policy issues surrounding privacy and security. State legislation in a handful of states has enabled development and implementation of integrated criminal justice information systems, and this effort is designed to help other states learn from these early experiences and move forward with similar efforts.

Relevant existing and new state legislation with regard to integrated justice information systems will be incorporated into NCSL web sites on information technology and criminal justice. Also under the project, it is expected that Assembly on State Issues committees will discuss information technology in criminal justice systems at the upcoming fall, joint meeting of ASI and AFI (Assembly on Federal Issues.) And, NCSL will be available as a ready resource for legislators and legislative staff seeking information on criminal justice technology issues. Questions or information can be directed to Julie Spence Gefke, NCSL's principal staff person on the project, at julie.gefke@ncsl.org .

The Scramble for Access to Internet Access Lines

A coalition of Internet service providers (ISPs), G.T.E. and America Online are currently pushing for access to cable television companies' high speed Internet lines. These systems can be up to 50 to 100 times faster than the standard telephone lines that most ISPs currently use.

In Massachusetts, the attorney general is determining if the state constitution permits voters to decide in the 2000 election whether to require access. Very few states introduced legislation on this topic until this year. At least four states, Iowa, Michigan, Oregon, and Pennsylvania, have introduced legislation in 1999 that requires a provider of wireless broadband Internet access transport services to provide access to other Internet service providers. Localities in Florida and Oregon have adopted ordinances to require cable television companies to provide open access, but legal challenges to both are pending in federal court. Some analysts regard the access issue as the most important telecommunications topic of the decade.

Submitted by Bob Boerner and Pam Greenberg

Recent Developments on Telecommunications Rights of Way

In 1998, Florida, Georgia, Iowa, and Virginia enacted legislation that regulates or defines rights of way and telecommunications services. Virginia's statute creates a fee for the use of public rights of way by certified telecommunications providers.

At least 15 states introduced legislation during the 1999 legislative sessions related to telecommunications rights of way. Nebraska, North Dakota, and Utah enacted similar measures. Nebraska's Legislative Bill 496 (signed by the governor on May 5, 1999) modifies current law related to the right of way for telecommunications lines and eminent domain powers. North Dakota's House Bill 1451 (signed by the governor on April 8, 1999) regulates rights of way fees and the one-call excavation notice system. Utah's Senate Bill 150 (signed by the governor on March 22, 1999) allows certain telecommunications providers access to rights of way on the interstate highway system. The Utah act also creates the Utilities in Highway Rights of Way Task Force and outlines membership of the task force.

Submitted by Bob Boerner

Regulating Telemarketing Practices

Whatever happened to a quiet night at home? Using the telephone, telemarketers attempt to sell customers various products or services. A majority of states and the federal government have enacted laws that regulate commercial telephone solicitation. Telemarketers can only make calls to residences between 8:00 a.m. and 9:00 p.m. unless they have the customer's express consent or have an established business relationship. Over half the states have enacted telemarketing fraud statutes and most others have a general telemarketing statute. The statutes typically require registration and bonding, submission of sales "pitches," and information about prizes.

Since January, 1999 at least 80 bills have been introduced across the country on the topic of telemarketing. At least seven states--Arkansas,Hawaii, Montana, Nebraska, Oklahoma, Rhode Island, and Tennessee--have enacted measures this year. For example, the Arkansas Consumer Telephone Privacy Act (House Bill 1564, signed by the governor on April 15, 1999) provides for a statewide list of telephone numbers of consumers who object to receiving telephone solicitation calls. And Hawaii Senate Bill 947 (signed by the governor on July 1, 1999) prohibits certain unfair or deceptive telemarketing acts or practices and provides civil penalties for violations of the act.

Submitted by Bob Boerner

E-Government in Massachusetts - Payroll Information on the Web

The Office of the State Comptroller in Massachusetts is in the midst of implementing a new project. PayInfo is an information technology development that provides Commonwealth employees with two new ways to access their payroll information, on the Internet and by phone. The inspiration for the project came from the Performance Enhancement Commission, which was created by the commonwealth in order to identify and develop projects that enhance the performance of state government.

The project provides weekly payroll information that is traditionally found on a pay stub. The benefits include a four-week accumulation of information, round-the-clock availability, and weekly updates that are posted one day prior to the distribution of the stubs. Concerns about security and privacy have been addressed in a few ways. First the information is scrambled on both the Internet and phone lines. Also, the information does not include the Social Security Numbers, banking route numbers, bank account numbers, nor home addresses of employees. Additionally, employees use a user ID number and a Personal Identification Number to access the information. For more information, visit the PayInfo website at http://www.payinfo.state.ma.us/MassComp/Navigation/Welcome.asp.

Submitted by Carolyn J. Mitchell

States Enact Anti-Spam Legislation

In 1999 nine states joined California, Nevada and Washington in addressing the problem of spam, unsolicited commercial e-mail. Most of these new laws provide for civil penalties against 'spammers' who break the law, but Connecticut, Illinois and Virginia follow California's lead in providing for criminal penalties. Most of these laws target 'spammers' who misrepresent, falsify, or forge the point of origin of a message or the routing information of a message. Most laws also exempt Internet service providers (ISPs) from liability for merely carrying these messages over their networks.

Iowa, Rhode Island, Tennessee, and West Virginia require senders to include certain information, such as a toll-free telephone number or valid e-mail address, in the message so that recipients can decline any future messages. Connecticut, Delaware, Illinois, Louisiana, North Carolina, Oklahoma, Tennessee, Virginia, and West Virginia also prohibit the sale or distribution of software that is primarily designed to allow a sender to falsify the point of origin or routing of a message. Connecticut, Delaware, Illinois, Louisiana, Virginia, and West Virginia have included a provision similar to California's 1998 law by providing ISPs with a cause of action against subscribers who use their networks to send out unauthorized spam. Tennessee includes a provision (also similar to the California law) requiring senders to include a label in the subject line of a message, to indicate whether the message contains an advertisement (ADVT:) or an advertisement that is not suitable for children (ADVT: ADLT). The West Virginia law includes a provision prohibiting bulk e-mail messages that contain "sexually explicit materials," as defined.

Submitted by Pam Greenberg

Updated 11-3-99

Visits to this page