TELELAW UPDATE
Electronic Privacy and Computer Fraud Acts Pass From Committees
by Peg Rossing, Netweaver Telelaw Editor


The purpose of this column is to digest current developments in
Congress, courts and state legislatures that affect ENA members.
There is a lot going on in Congress right now! I have identified
one source of up-to-date information in this area and am in need
of suggestions for other resources, including online news
services, journals and newsletters. If you read something of
interest let me know where I can find it! Comments and
suggestions about what Netweaver and ENA should be doing in the
way of a telelaw information clearinghouse are also welcome. I
can be reached on Unison (PEG ROSSING) or CompuServe
(75166,310).

Electronic Communications Privacy Act
=====================================

On May 15, the House Judiciary Subcommittee on Courts, Civil
Liberties and the Administration of Justice unanimously approved
HR 3378, the Electronic Communications Privacy Act. The bill,
introduced by Rep. Robert Kastenmeier (D-Wis.), a companion to
the Leahy bill in the Senate, would extend to electronic
communications the same protection now given first class mail.

The bill would prohibit eavesdropping on electronic
communications, including computer message and data
transmissions, electronic fund transfers and cellular telephone
conversations. (Cordless telephones are not protected.) Federal
agencies would have to obtain a warrant to gain access to
electronic mail systems within six months of a message's
creation, and a subpoena after that. There are civil and
criminal penalties for violations.

The bill is supported by the Justice Department, the American
Civil Liberties Union, and the computer and communications
industries. Senator Leahy's bill in the Senate is expected to
pass out of subcommittee soon as well.

Computer Fraud and Abuse Act
============================

In the past month, identical bills titled The Computer Fraud and
Abuse Act have been introduced in both the House and Senate,
making it likely that the 99th Congress will approve new laws
against computer crime.

In the House, The Counterfeit Access Device and Computer Fraud
Act (HR 1001) is now numbered HR 4718 following the addition of
some minor amendments. The new bill, sponsored by Rep. William
Hughes (D-N.J.), has been approved by committee and sent to the
full House. The committee added one amendment that would extend
the same protection to systems run by the brokers and dealers
regulated by the Securities and Exchange Commission as to banks.

Sen. Paul Trible (R-Va.) compromised his earlier bill, The
Computer Systems and Protection Act (S 440) to introduce S 2281.
According to Trible, the new bills are more narrowly focused
than those introduced earlier in the session.

The new measure would establish:

1) a new felony for trespassing into federal interest
computers, those run by or for the federal government,
banks, or states. Offenders would face five-year
prison terms.

2) a second felony for "maliciously trespassing" into a
federal interest computer and causing more than $1,000
in damage.

3) a new category of federal misdemeanors involving the
use of illegal BBSes to post private information, such
as credit card data, phone account information, and
passwords.

The Department of Justice offered qualified support for the
bill. DOJ wants amendments that would make any computer
trespassing a crime, even if information was not actually
obtained, and a provision which would require a convicted
defendant to forfeit his or her computer to the federal
government.

Florida Computer Porn Bill
==========================

A bill that would outlaw use of computers for distribution of
pornography unanimously passed the Florida House May 20 and went
to the state Senate, but not before it picked up some additional
legislative language. As introduced, the bill dealt only with
computer pornography, and prohibited the use of computer
bulletin board systems for information about child pornography.
The amendments define obscenity according to the standards which
have been developed by the U.S. Supreme Court.

Other Bills
===========

The Telecommunications Equity Act (S 2362), introduced by Sen.
Albert Gore, Jr. (D-Tenn.) would specifically allow the seven
regional phone companies to provide information services and
manufacture telecommunications equipment. This is the same bill
which would direct the FCC to study the effectiveness of the
long distance access charges. The bill has been referred to the
Senate Committee on Commerce, Science and Transportation.

A Senate bill (S 665) introduced by Orrin Hatch (R-Utah) would
amend the Fair Labors Standards Act of 1938 to facilitate
industrial homework. The original regulation arose out of
legitimate concern over garment industry sweatshops and piece
labor and gives the Secretary of Labor the power to make
regulations concerning any industry. Under the Hatch Act, the
Secretary would not be able to issue federal rules stating which
industries were permitted to offer employment in the home. This
bill is seen by both labor and "work at home" people as a
prelude to the battle for the rights for computer home labor.

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Author's Note: Peg Rossing is an attorney in Duluth, Minnesota.