HOUSE COMMITTEE ON

INFORMATION MANAGEMENT AND TECHNOLOGY

 

 

February 15, 2005   Hearing Room 357

1:00 P.M. Tapes  17 - 18

 

 

MEMBERS PRESENT: Rep. John Dallum, Chair

Rep. Jerry Krummel, Vice-Chair

Rep. Kelley Wirth, Vice-Chair

Rep. Chuck Burley

Rep. Brad Witt

 

STAFF PRESENT: Dallas Weyand, Committee Administrator

Louann Rahmig, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2179 - Public Hearing

                                           HB 2302 - Public Hearing

 

                                               

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 17, A

003

Chair Dallum

Calls the meeting to order at 1:00 p.m. and opens a public hearing on HB 2179, which allows the Director of Consumer and Business Services to establish alternative regulatory options for the purpose of encouraging emerging technologies.

HB 2179 – PUBLIC HEARING

011

Patrick Allen

Manager, Office of Regulatory Streamlining, DCBS.  Explains that HB 2179 is one of several bills on regulatory streamlining this session.  States that HB 2179 provides Building Codes Division with the ability to deal with emerging building technologies and materials.  Suggests referring HB 2179 to the Business Committee. 

029

Chair Dallum

Advises that the plan is to refer HB 2179 in the work session.

034

Rep. Witt

Asks for examples of what is being considered.

036

Mark Long

Administrator, Building Codes Division (BCD), DCBS.  Testifies and submits written testimony in support of HB 2179 (EXHIBIT A).  Provides BCD Fast Facts describing the division’s mission (EXHIBIT B).  Advises that HB 2179 provides an expedited process to recognize certain high technology equipment that is not covered in the code.

055

Rep. Krummel

Asks for an example of a piece of equipment that needed to be regulated for which legislative authority had to be granted.

 

 

062

 

 

Long

 

 

Responds with explanation of equipment in the high technology sector, that is built overseas and has a particular function in a manufacturing setting.  Cites examples of national and international standards not recognized by Oregon’s codes. 

096

Rep. Krummel

Asks why we would regulate high technology equipment.

100

Long

Replies that it is regulated because the codes suggest it, or it is unclear if it should be regulated.    

116

Rep. Krummel

Asks there are statutes and administrative rules that require regulation of things that should not be regulated.  

137

Long

Explains that statutes and rules are developed from a particular set of circumstances at a particular time.  States that products are changing faster than our regulations.  Expresses a need to be proactive and a concern about attracting innovation to Oregon. 

160

Rep. Krummel

Inquires if this will become part of the division’s performance measures. 

166

Long

Responds, not at this time. 

173

Allen

Adds that there is no frame of reference at this time to create a performance measure.   

183

Long

Points out that there is a performance measure on the alternative and flexible permit approach.

194

Rep. Krummel

Comments that Oregon tends to over-regulate.

202

Chair Dallum

Closes the public hearing on HB 2179 and opens a public hearing on HB 2302, which prohibits a person from installing or causing installation of spyware on a computer.

HB 2302 – PUBLIC HEARING

227

Jim Craven

Oregon Council of the American Electronics Association.  Testifies and submits written testimony in opposition to HB 2302 (exhibit c).  Discusses “spyware,” which is one contemporary threat to the Internet, and “spam,” viruses, worms and “phishing.”     

290

Craven

Continues by explaining “spyware,” which is installed without a user’s informed consent.    

313

Craven

Describes indicators that a computer may be infected with “spyware.”  Points out that not all computer problems are caused by “spyware.”

334

Craven

Refers to Exhibit C, Page 4 that offers suggestions to safeguard a computer system. 

370

Craven

Continues describing anti-virus programs and firewalls.  

TAPE 18, A

010

Craven

Refers to various state laws passed in 2004.  Believes that a uniform federal law is better than individual state laws.

040

Rep. Burley

Agrees that there is a very serious problem and that federal regulations are preferable.

049

Craven

Indicates that Sen. Wyden was the key person on the federal “spam” bill so would be receptive to input from the state.

057

Jim Gardner

Microsoft.  Testifies in opposition to HB 2302.  Refers to a study by America On Line and the National Cyber Security Alliance, which revealed that approximately 80 percent of all Internet users have some form of “spyware” on their machines.    

090

Gardner

Describes downloadable anti-spyware programs and a voluntary network of users who uncover new threats quickly. 

124

Rep. Wirth

Asks what can be done about involuntary e-mail.

140

Gardner

Replies that some software tracks keystrokes, including credit card information from Internet orders. 

145

Rep. Wirth

Asks about information tracked through “spyware.”

148

Gardner

Responds, yes, there have been instances of identity theft.

150

Craven

Adds that some pop-up ads are annoying but not meant to damage the computer.  

183

Craven

Continues that some “phishing” lasts only 24 hours so prosecution is difficult. 

193

Chair Dallum

Closes the public hearing on HB 2302.

196

Dallas Weyand

Committee Administrator.  Announces that the work session on HB 2179 will be February 22.  Discusses the field trip scheduled for February 17.

209

Chair Dallum

Adjourns the meeting at 1:44 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2179, written testimony, Mark Long, 1 p
  2. Building Codes Division, fast facts, Mark Long, 1 p
  3. HB 2302, written testimony, Jim Craven, 4 pp