Some state laws prohibit online purchases of specific goods and services. Are these restrictions needed to protect consumer interests, or do they unduly restrict online sales? Speakers will  examine state laws and policies and outline options for protecting consumers while facilitating e-commerce

Moderator: 

• Senator Steve Kelley, Minnesota

• Steve DelBianco, Global Public Policy, eBay, Washington, DC 
• Carol J. Kent, Director of Enforcement, Motor Vehicle Board, Motor Vehicle Division, Department of Transportation, Austin, Texas
• Steve Gross, State Relations Manager, Wine Institute, California 

• Speaker Biographies
• The State of eCommerce 2002:  Beyond the Bubble - Beware the Barriers  by Steve DelBianco, Michael J. Tavilla, October 2002
• Direct Shipping Legislation  
• Direct Shipment Laws by State for Wineries - July 2003 
• On-Line Motor Vehicle Sales In Texas - Carol Kent

Writing and receiving e-mail or surfing Web pages leaves an electronic trail. Who has the right to access that trail? Do legislators and legislative employees have privacy rights relating to e-mail and Internet use? Experts talk about current law, court cases and other developments in this policy quagmire.

Moderator: 

• Representative Roger Roy, Delaware

• Douglas G. Brown, Director, Legislative Legal Services, Colorado
• Marty Lovinger, Senate Counsel,  State Senate, Washington 
• Senator James W. Merritt, Jr. , Indiana

• Speaker Biographies
• Revised Code of Washington Laws Relating to Government E-mail
• Washington Senate Internet and Electronic Mail Policy
• Tiberino court case
• Colorado Open Records law

A closely divided Federal Communications Commission recently adopted rules concerning incumbent local exchange carriers' (incumbent LECs) obligations to make elements of their networks available on an unbundled basis to new entrants. The new framework provides a significant role for states in implementing these rules. Will this forestall congressional action? What does the FCC decision mean for state regulation? These questions and the impact of the decision will be discussed.

Presiding: 

• Senator Carol Fukunaga, Hawaii

• Thomas Navin, Deputy Chief, Competition Policy Division, Federal Communications Commission, Washington, DC
• Sue Ashdown, Executive Director, American ISP Association, Washington, DC
• David Baker, Vice President-Regulatory, Earthlink, Atlanta, Georgia
• Rick Cimerman, Senior Director, Telecommunications Policy National Cable & Telecommunications Association, Washington, DC
• Coralette Hannon, Senior Legislative Representative, AARP, Washington, DC
• Link Hoewing, Executive Director, Policy Technology & Planning, Verizon, Washington, DC
• Richard Rubin, Vice President, Law & Government Affairs, AT&T, Bedminister, New Jersey

• Telecom Sector Today:  Competition is Real and Growing - Link Hoewing,

Among consumers' greatest concerns on the Net are spam and privacy. Legislatures have introduced hundreds of bills in recent years to address these concerns. This session looks at the kinds of information collected online, how it can be used for legitimate and fraudulent purposes, and what kinds of actions states can take to combat spam and protect personal information on the Internet.

Moderator: 

• Senator Steve Kelley, Minnesota

• Bill Ashworth, Microsoft Corporation, Washington
• Senator Debra Bowen, California
• Senator Jacob Corman, Pennsylvania
• Eileen Harrington, Federal Trade Commission, Washington, D.C.

• Speaker Biographies
• Internet Privacy and Spam Control - Bill Ashworth
• FTC's Spam Email Web Page
• FTC's Privacy Initiatives

As more and more business takes place over the Internet, the ways state and local governments tax these transactions are being challenged and, as a result, state revenues have been declining. As a result of Supreme Court decisions in 1967 and 1992, states can not require out-of-state sellers to collect sales and use tax if the seller has no physical presence in the state. Similarly, federal and state court actions have created a hodge-podge of state nexus standards for business activity taxes levied on interstate businesses. This session will review the recommendations of NCSL's Executive Committee Task Force on State and Local Taxation of Telecommunications and Electronic Commerce.

Presiding:

• Senator Bill Clabough, Tennessee

• Senator Leticia Van de Putte, Texas
• Senator Steven Rauschenberger, Illinois

• Neal Osten, Senior Committee Director, Communications and Interstate Commerce, Washington, DC
• Graham Williams, Consultant, Fiscal Affairs, Denver, Colorado

• Business Activity Taxes - Graham Williams, Consultant, NCSL, July 2003
• FACT SHEET:  Streamlined Sales Tax & Use Agreement - NCSL, July 2003
• A Blueprint for Streamlining State Sales Tax - by Carl Tubessing, State Legislatures, February 2003

Committee Roundtable 
10:00 - 11:00 am
Committee members informally will discuss new IT and telecommunications laws and policies in the states. Also, brief updates will be provided on several key issues: 

Presiding:  Joyce Crofts, Committee Administrator,  Legislative Research Commission, Kentucky, Committee Staff Chair

• Cell Tower Siting  --   Representative Stan Mayfield, Florida 
• 911  --   Dan Schmidt, Policy Analyst, Legislative Council, Wisconsin, Committee Vice Chair
• State Digital Millennium Copyright Acts (DMCA) --  Dave Larson, Director, Computer Services, Kansas, Committee Staff Vice Chair

Committee members will consider three policy statements and one possible Action Calendar Resolution. 

Presiding:   Senator Steve Kelley, Minnesota, Committee Chair
 

Presiding: 

• Senator Steve Kelley, Minnesota 
• Representative Roger Roy, Delaware

The TechNet Broadband Task Force, a group of CEOs and senior executives from a number of high tech companies and the American Electronics Association will release the State Broadband Index, which will analyze broadband policies in all 50 states and rank the top 25 states for broadband proficiency.  The session also will include a discussion of broadband policy initiatives for states to consider.

Moderator:

• Senator Mac McCracken, South Dakota

• State-by-State Ranking of Broadband Deployment Policies,  TechNet, July 17, 2003

With the onset of hacking, viruses and related attacks on computer systems and telecommunications networks, terrorists now have a new arsenal of artillery at their disposal. Cyber threats-attacks on computer networks-could cripple electrical grids, financial markets, government institutions, air traffic control and communications. What can policymakers do to protect their states from such threats?

Moderator:

• Senator Steve Kelley, Minnesota

• Richard Clarke, Good Harbor Consulting, Former Cyber Security Advisor to the President, Arlington, Virginia
• Stuart McKee, CIO, State of Washington, Olympia, Washington
• Thomas Sadaka, Special Counsel, Office of the Attorney General, Orlando, Florida
• Agent Ron Wilczynski, FBI, Sacramento, California

• Speaker Biographies
• Richard Clarke's Cyber Security Top 10 List State Legislatures
• Cyber Security NOW - by Richard Clarke
• Emergency Responders: Drastically Underfunded, Dangerously Unprepared - Richard Clarke
• 50 State Overview of Computer Crime Laws – Issues Addressed and Pending - Thomas Sadaka
• Cyber Attacks - Stuart McKee
• Protecting Washington state's critical technology infrastructure - Stuart McKee
• Cyber Terrorism: No Longer Fiction - State Legislatures Magazine (restricted)
• CyberCrime: Securing Technology - NCSL LegisBrief (restricted)

Streamlining Sales Taxes: Restoring Fiscal Federalism - Leveling the Playing Field for Retailers
302 -- Street Level --Moscone Center
In 2003, legislatures began to conform their state’s sales tax statutes to the Streamlined Sales and Use Tax Agreement.  Many elected state policymakers believe that this effort to simplified sales and use tax collection system will move Congress to give the states out-of-state collection authority and therefore maintain the sales tax as a viable revenue source.  Opponents believe that states are forfeiting some state sovereignty for tax policy in order to be able to collect “new” taxes on sales over the Internet.  Who is right?  This special briefing will feature a point/counterpoint by two leading experts.

Speakers:

• Grover Norquist, President, Americans for Tax Reform, Washington, DC
• Senator Steven Rauschenberger, Illinois

• Business Activity Taxes, Graham Williams, Consultant, NCSL, July 2003
• FACT SHEET:  Streamlined Sales Tax & Use Agreement, NCSL, July 2003
• A Blueprint for Streamlining State Sales Tax, by Carl Tubessing, State Legislatures, February 2003.

Moderator: 

• Kelly Harris, SEARCH, Sacramento, California

• Lt. John Aerts, Records and Information Bureau, County Sheriff's Department, Los Angeles, California
• Otto Doll, Commissioner, Bureau of Information and Telecommunications, South Dakota
• Senator Steve Kelley, Minnesota
• Representative Michael Lawlor, Connecticut
• Brian LeDuc, Washington Justice Information Network, Salem, Washington
• Delegate Joe T. May, Virginia
• David J. Roberts, J&PS Global Industries Public Sector, Unisys, California

• Speaker Biographies