TechHui

Hawaiʻi's Technology Community

I wrote a letter to Pine about this bill.  Here is the gist of it.  "I feel this bill needs to be put on hold.  The intentions are being lost in the circumstances and loose language. There are also some other good points being made by TechHui that I have included below for your consideration.  I think more time is needed to let the industry come up with a code of ethics, solutions, or perhaps even propose a committee made up of their peers to set and enforce regulatory standards." 

She just emailed me back with this: (BTW I don't know who started the John Mizuno site, not sure what to to do about that)

Dear Daniela:

Please tell your group that I am agreeing to table the bill to allow industry experts to find a solution to the unethical behavior by some web developers.

The legislative process is an emotional delicate balance of ideas. When multiple opinions and personalities clash, negotiations can be stifled if differences in opinions are not respected. This certainly is not an easy process, but no one said Democracy was easy. But this is what makes our country so great.

It would be helpful to encourage the owner of www.JohnMizuno.com to relinquish ownership of this name as soon as possible as legislators will be talking about how to deal with this and may handle this in a way that the industry does not agree with. When tensions are high at the legislature, the final bills that pass can often be unfavorable. The mortgage industry went after politicians and as a result they passed bills that hurt their industry.

Bills are introduced as possible solutions to a problem. Legislators use the legislative process through listening to testimony and taking phone calls to improve bills or table them while better solutions are formed. You never want bills to be worked on when threats are being made to politicians, many who are extremely popular in their districts and are most likely going to be there for life. They will dig their heals in deeper and no longer listen to you.

I highly suggest that you look at the cyber crime bills and try and support at least one or two of them. (there are so many)  It will not look good to oppose all of them which many leaders strongly believe are to help victims. You also don't want politicians to kill the many good bills that are moving that supports the IT industry as a result.

I am encouraged by the new dialogue created between your community and the legislature. We are investing a lot into you and are hopeful that you will become strong partners in making the internet safer for all Hawaii citizens.

Kym Pine

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Comment by Eric Ryan on February 22, 2012 at 9:58pm

The day after I exposed Pine being a crook (on my own website, by the way, NOT hers), she started working on the lousy 'cyber-crime' bills with the prosecutors office.  She was hoping to appear like a champion for victims.  But the truth has been getting out about Pine's criminal acts, as well as her false reports of being a victim of hacking and other bogus complaints.  Hopefully an arrest for her cyber-harassment, extortion and bribery scheme will be imminent and then Hawaii will be protected from Rep. Pine-Ryglowski's willingness to use her computer in furtherance of serious crimes of public corruption . . . unless, of course, they have a computer near her prison cell which she can use to continue her crime spree.

Comment by Peter Kay on February 22, 2012 at 12:20am

Rep Pine,

We'd like to have the same information you have had that led to the relevant bills that have been introduced this  session. Would you please be so kind as to refer us to relevant links so that we can all be on the same page. I'm particularly interested in answers to these questions:

1. What problems (in Hawaii, specifically) are we trying to solve?

2. What has been the documented cost, i.e. impact, of those problems?

3. What has been the proposed solution so far?

4. What will be the estimated cost to society to implement that solution?

5. What will be the secondary and tertiary economic effects of those solutions, e.g. what will be the impact on consumer cost, productivity, jobs, and the future of the industry?

I recognize these are not trivial questions but they are key to properly engineering correct legislation and having thoughtful discussion. Mahalo!

Comment by Peter Kay on February 22, 2012 at 12:07am

Rep Pine,

We really appreciate this move on your part. This leg session is really a blessing for our industry and give us the time to both organize and get proactive.  I've been working behind the scenes to setup some meetings and more dialog. 

We'll also put the word out for anyone who has the referenced domain on HIA. As Jared said below, it's privately registered to literally anyone (in the world) could have done this.   I sincerely hope that legislators understand this basic fact and will not declare innocent people guilty without any kind of due process. 

We all look forward to moving ahead in a fruitful way for everyone in Hawaii. Mahalo!

Comment by Jared I. Kuroiwa on February 21, 2012 at 11:40pm

I'll write this twice (Facebook and on TechHui). The question about getting the JohnMizuno.com domain isn't one to ask us as the registration is private and most likely no one knows who has the domain. Heck, it could be held by someone totally outside of Hawaii (and even the US).

If Rep. Mizuno wants to get the domain, he has to file with ICANN under their Uniform Domain-Name Dispute-Resolution Policy (http://www.icann.org/en/udrp/udrp.htm). It's the same with any domain name dispute and has been around for a long, long time and is probably the faster and preferred method.

He can also file a federal lawsuit under the Anticybersquatting Consumer Protection Act. That would probably cost more and take longer depending on where the name was registered.

Either way, these are the current methods of dispute resolution and are fairly simple. It seems that law makers (even on the federal level) are confused about ICANN and domain registration. However, even in trademark disputes... the entity filing the complaint needs to prove that they have the rights needed and the entity being sued has the opportunity to show they have rights over the mark. ICANN is no different in that regard.

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