Information Technology Commission
Members Present:
Sen. David H. Steele,
Senate Chair
Rep. Blake D. Chard,
House Chair
Sen. Scott N. Howell
Rep. Brent Goodfellow
Rep. Martin R. Stephens
Mr. Gerald R. Capps
Mr. Peter R. Genereaux
Ms. Nancy CW Gibbs
Mr. Robert W. Hood
Judge Norman H. Jackson
Ms. Eileen B. Longsworth
Mr. Stephen F. Mecham
Mr. O. Leon Miller
Dr. Mike Petersen
Mr. Gordon A. Peterson
Mr. Jerry P. Peterson
Members Absent:
Sen. Craig L. Taylor
Mr. Clifford L. Ames
Mr. Randall G. Harmsen
Dr. Ned C. Hill
Mr. David A. Packer
Staff Present:
Mr. Richard North,
Executive Director
Ms. Tani Pack Downing,
Associate General Counsel
Ms. Wendy Bangerter,
Committee Secretary
Note: A list of others present and a copy of materials distributed in the meeting is on file in the Office of Legislative Research and General Counsel.
1. Call to Order
Rep. Chard called the meeting to order at 1:40 p.m.
MOTION: Mr. Peter Genereaux made a motion to approve the minutes of April 24,1997. The motion passed unanimously.
2. Does Internet Use Cause "Network Blocking"?
Mr. Steve Mecham, Public Service Commission (PSC), reported that the PSC has opened a case, which they are treating informally, to understand the network blocking problem. He stated there has not been adequate data gathered to determine who or what is impacting the network to cause such problems. He also stated the PSC would be continuing its research. He emphasized there are problems that have yet to be discovered in the area of networks that will need to be addressed as they surface.
Sue Ashdown and Pete Kruckenberg, Coalition Of Independent Utah Internet Service Providers, assumed the position that the internet provider is not the cause of network blocking. Mr. Kruckenberg demonstrated the process a provider uses to connect with the Internet. He also discussed Integrated Services Digital Network (ISDN) as an alternative solution, but noted that US West is not marketing ISDN at this time.
Mr. Ted Smith, U.S. West, discussed several issues that have an impact on network blocking, (i.e., data usage, extended phone service, internet providers, length of calls, etc.) He also reviewed some of the data that U.S. West has at the present time. He stated that more information is needed and everyone needs to be more creative in finding solutions to the blocking problem. He responded to questions regarding U.S. West's efforts to expand or create alternative solutions.
3. Introduction To Data Privacy Issues: What Is Data Privacy, Existing And Proposed Legislation, And Related Topic (SmartCard) Update?
In the interest of time, Rep Chard requested that this item be reviewed at the next meeting as well as be placed on future agendas.
4. Introduction: Does Libel And Slander Exist In Electronic Media?
Linda Lemke, law clerk, Office of Legislative Research and General Counsel, reviewed the definition of defamation for providers and users on the Internet. She briefed the Commission on existing libel and slander laws with the intent of providing the Commission with information for future discussions and possible legislation. She noted that, because there is no case law regarding this issue available in Utah, educated guesses have to be made concerning defamation and the Internet. She also reviewed First Amendment limitations on defamation actions and application law to individuals and defenses. The last item she discussed was the application of defamation law to Internet providers.
Sen. Howell expressed his concern about the lack of progress of telephone deregulation in Utah. He stated that he has met with U.S. West and all the major competitors and found they are willing to form a task force of their own in pursuit of creating a win/win situation for the consumers.
MOTION: Following discussion, Sen. Howell made a motion that a letter be drafted on behalf of all the legislators on this Commission and sent to U.S. West and its competitors stating that the Information & Technology Commission (ITC) supports the formation of a task force and will hear their monthly reports of progress regarding the issue of deregulation. The task force should report to the PSC and the Public Utilities and Technology Interim Committee (PUT). The
motion passed unanimously with Sen. Steele, Mr. Genereaux, Dr. Petersen, and
Mr. Jerry Peterson absent for the vote.
MOTION: Rep. Stephens made a motion to reconsider that motion. If the motion passes, then the issue should be addressed at the next ITC meeting, and the providers be
contacted for their views of what would be accomplished by the task force and
what each of their roles would be. The motion passed unanimously with Mr.
Genereaux, Dr. Petersen, and Mr. Jerry Peterson absent for the vote.
5. Adjourn
MOTION: Rep. Stephens made a motion to adjourn the meeting. The motion passed unanimously.
The meeting was adjourned at 4:03 p.m.
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