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Legislature tables bill for tracking Hawaii Internet usage

By Treena Shapiro

Associated Press

POSTED:
LAST UPDATED: 05:14 a.m. HST, Jan 27, 2012



State lawmakers decided Thursday to leave online piracy legislation to Congress after hearing vehement opposition to a bill that called for keeping records of Hawaii users' Internet activity.

The proposal was introduced to assist authorities in combatting online crimes such as identity theft. However, aside from law enforcement officials the measure received support from only one person at a public hearing.

The overwhelming amount of testimony opposing House Bill 2288 said the measure would harm business interests, violate privacy and undermine efforts to expand technology use around the state.

Underscoring these concerns was Gordon Bruce, Honolulu's information technology director, who said the bill would force the city to shut down the free Wi-Fi service it provides on Oahu through voluntary public-private partnerships.

With no single company in charge of the system, Bruce said, "the requirement of capturing and storing this data will make it cost-prohibitive to those who volunteer to participate in this very successful program."

Yuka Nagashima, executive director and CEO of the High Technology Development Corporation, said the proposal would also undermine Gov. Neil Abercrombie's broadband initiative, which aims at providing affordable high-speed Internet across the state.

Nagashima mentioned the heavily-debated online piracy measures being considered in Washington, known as the Stop Online Piracy Act and the Protect Intellectual Property Act, saying, "Compared to this bill, those bills are mild."

Several major Internet companies, including Google and Twitter, have criticized SOPA and PIPA as overreaching. Several sites, including Wikipedia and Reddit, staged temporary shut downs in protest.

The Hawaii proposal would have required Internet service providers with customers in the state to record all subscriber data, including the Internet Protocol addresses, domain or host names for all websites they visit.

"This new mandate is a direct assault on the privacy of Internet users," stated Laurie Temple, a staff attorney with the American Civil Liberties Union of Hawaii, in written testimony.

The bill could provide direct links between users and their online activities. "Access to this information can allow anyone to determine the websites users visit and, consequently, what their interests are, where they bank, and what online accounts they have," Temple added.

But Deputy Prosecutor Chris Van Marter, who heads the white collar crime division, told lawmakers that the proposal is consistent with federal law and wouldn't change the high legal threshold for obtaining Internet records.

"The bill will not give the government free access to the information that has been retained," Van Marter said.

According to Van Marter, many Internet service providers already keep user records for practical reasons, such as settling customer disputes or statistical analysis. Prosecutors are able to obtain these IP address logs in their investigations about 75 percent of the time, he estimated.

Angus McKelvey, chairman of the House Committee on Economic Revitalization and Business, said the state should hold off on its own law while Congress works on online piracy issues at the federal level.

Instead the Olowalu-Kapalua Democrat said the committee would draft a resolution urging Internet service providers to work with the prosecutor's office on reasonable data retention requirements.

HB2288







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9ronboz wrote:
red china?
on January 26,2012 | 11:32AM
ya_think wrote:
Big(in his mind) brother watching you......
on January 26,2012 | 12:03PM
ShaveIce wrote:
Is that a knock at Gov Abercrombie? You know House Bills come from legislators, not the governor… right?
on January 27,2012 | 05:53AM
Waterman2 wrote:
Can anyone read who these are that introduced this "Big Brother" bill ?.
on January 26,2012 | 12:52PM
Kapakahi wrote:

The original author of the bill was Representative Kym Pine. The only group which has formally adopted the bill is the Hawaii House Republican Caucus, who made passage of the bill one of their top legislative priorities for this year. Look for HB2207.

Here are the sponsors: WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, PINE, RIVIERE, THIELEN

Because the Democrats so completely dominate the legislature, it is common practice for Republicans to find some Democrats willing to introduce an identical bill under their signature, which is what happened with John Mizuno this time. The Democrats who lent their names to this effort should be criticized. They either agreed with the bill or failed to examine it closely enough before signing onto it. But the reals culprits behind this are Kym Pine, Gene Ward and the House Republicans.

Gotta love the Republicans for their DEEP commitment to individual "liberty" and "small government."


on January 26,2012 | 01:02PM
palani wrote:
Thanks for the added info oddly omitted from the Star-Advertiser piece, Kapakahi. This goes back to Representative Pine's very ugly public feud with her former website designer, Eric Ryan. Since then, Pine has waged a vendetta against those she believes "abuse" the freedom of the internet. Last session she introduced a bill (now signed into law, I think, but am not certain) that could be used to prosecute objectionable entries on blogs such as this one. Although I think the Democrats pose a much greater threat to individual liberty, in this case Representative Pine's constituents would be wise to reconsider who they send to the legislature. The bill is an outrageous assault on us all.
on January 26,2012 | 05:19PM
bender wrote:
The link I read at the Hawaii Legislature says it was introducted by Ito, Mizuno, Manahan, Har, Awana, M. Lee and NIshimoto. It says right at the top of the above copy of the bill that it is HB2288.
on January 27,2012 | 04:58AM
palani wrote:
And thanks to you, bender, for the correction. It would be nice if the Star-Advertiser were a bit more thorough in its reporting. I guess the bloggers here work hard, so they don't have to.
on January 27,2012 | 05:20AM
LanaUlulani wrote:


EXACTLY. DEMOCRATS INTRODUCED HB2288. You can see it directly at the SOURCE:

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.


on January 27,2012 | 06:06AM
LanaUlulani wrote:


Actually that is INCORRECT.

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.


on January 27,2012 | 06:05AM
livinginhawaii wrote:
This Mizuno character is a DANGEROUS, over-paid politician. Its scary to think that the people of Kalihi supported a bill such as this. It is clear that they have no regard for privacy...
on January 26,2012 | 12:56PM
Kapakahi wrote:

I suppose you'd say the same thing about the sponsors of the original bill:

WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, PINE, RIVIERE, THIELEN?

"It's scary to think the people of" Hawaii Kai, Lower Nuuanu, Kihei, Pearl Harbor, Waialae-Kahala, Ewa, North Shore and Kailua "supported a bill such as this. It's clear they have no regard for privacy."

Or maybe your statement about the people of Kalihi looks kind of silly when applied to these other communities?


on January 26,2012 | 01:26PM
DowntownGreen wrote:
I'm really surprised at Ms. Thielen...
on January 26,2012 | 02:56PM
bender wrote:
Actually it isn't Thielen. Kapakahi is posting erroneous info about who sponsored the bill. You can go to the state's website at captol.hawaii.gove and type in HB2288 on the field at the left side of the page and then you can view the bill, and it's sponsors.
on January 27,2012 | 05:00AM
LanaUlulani wrote:


EXACTLY. People can go directly to the SOURCE.

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.


on January 27,2012 | 06:07AM
LanaUlulani wrote:


Actually that is INCORRECT.

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.


on January 27,2012 | 06:06AM
livinginhawaii wrote:
I sure would. I'm glad to see that my over-paid representative was not on this list...
on January 26,2012 | 03:59PM
HD36 wrote:
Compared to what his wife gets paid for doing, he's working at McDonalds.
on January 26,2012 | 04:27PM
LanaUlulani wrote:


Actually that is INCORRECT.

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.

on January 27,2012 | 06:05AM
HD36 wrote:
All it takes is free cheese burgers during election time. Half of his supporters don't even speak english.
on January 26,2012 | 04:26PM
SmedleyFerndock wrote:
Is the Legislature in session? From all of the information flowing from the Star Advertiser it is difficult to tell. Most stories from SA concern after the fact info.
on January 26,2012 | 03:28PM
localguy wrote:
This bill is just one of thousands of examples why the Nei is the laughing stock of the civilized world. There is no reason for the ISPs to retain records for 2 years, just so the police and others can go on fishing trips for information. This information would be abused to death, people would snoop on their neighbors, checking where they surf and what they download. No way will this information be tightly controlled. It will be out on the net in no time. Yes, the minders and Big Brother has their eyes on you, snooping on everything you do.
on January 26,2012 | 03:32PM
TLehel wrote:
I am completely appauled by this bill. Are you kidding me? No one has any right to keep or view records of my PRIVATE internet data. They can try to justify this all they want, but there is no justification of violating my rights. If someone is suspect of a crime and they need internet data to convict them, then get the FBI on them. A computer still holds information even if you delete browsing history and such. What is happening to our damn freedom? They'll say it will be kept only if it is "needed", but we all know our privacy will be exploited for control. I mean, really? They want to stop piracy. . . so they plan to use a form a piracy to do that? Get a damn clue. Also, how can anyone expect this to go well? Personal data just floating around in Oceanic Time Warner Cable's system. . . .no good can come from that.
on January 26,2012 | 04:29PM
nodaddynotthebelt wrote:
Wow, now I know who not to vote for.
on January 26,2012 | 06:57PM
dawong wrote:
We need to start a SOSL group ... STOP OUR STUPID LEGISLATORS ...
on January 27,2012 | 01:53AM
MililaniGal wrote:
Here they go again...wasting time on something else to detract from the important issues that REALLY require their attention. I'm glad this got shelved quickly. Stupid legislators.
on January 27,2012 | 02:47AM
bender wrote:
We really don't need either the states or the feds trying to regulate the internet. Their meddling kills all innovation.
on January 27,2012 | 05:01AM
LanaUlulani wrote:


People can go directly to the source and see that it was Democrat PoliTRICKans who introduced this bill.

Source: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288

Introduced by DEMOCRATS MIZUNO, ITO, MANAHAN, Awana, Har, M. Lee, and Nishimoto.


on January 27,2012 | 06:08AM
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