New Indiana IP/Technology Laws taking effect July 1, 2013

It’s July 1 and you know what that means. It means hundreds of new laws go into effect to govern, tax, confuse and confound the citizenry.

New Indiana Laws July 2013I’ve reviewed the full list of new Indiana laws (at bottom of post) for intellectual property, privacy or technology-related laws.

Among other things, it is now a felony in Indiana to publish intimidating communications on social media sites. The new provision (SB 361, see below) specifically addresses the increasingly common “bomb threat/gun threat” made via social media with the intent to cause evacuation.

Intimidation (IC 35-45-2-1)

1. (a) A person who communicates a threat to another person, with the intent: (1) that the other person engage in conduct against the other person’s will; (2) that the other person be placed in fear of retaliation for a prior lawful act; or (3) of: (A) causing: (i) a dwelling, building, or other structure; or (ii) a vehicle; to be evacuated; or (B) interfering with the occupancy of: (i) a dwelling, building, or other structure; or (ii) a vehicle

SB 361
Effective: July 1, 2013
Code Citations Affected: IC 35-31.5; 35-45
Intimidation. Provides that for the crime of intimidation, “communicates” includes posting a message electronically, including on a social networking web site. Provides that it is a Class D felony if the person to whom the threat is communicated is: (1) an employee of a hospital, school, church, or religious organization; or (2) is a person that owns a building or structure that is open to the public or is an employee of the person. Specifies that communicating a threat with the intent to interfere with the occupancy of certain buildings may constitute intimidation. Increases the penalty to a Class C felony if it is committed against a judge, bailiff, prosecuting attorney, or deputy prosecuting attorney.

SB 369
Effective: May 11, 2013 (Sections 3-5); July 1, 2013 (Sections 1-2)
Code Citations Affected: IC 4-23; 5-14
Public records. Allows a public agency to withhold from public disclosure records criminal intelligence information. Allows a public agency to refuse to confirm or deny the existence of investigatory records of law enforcement agencies or criminal intelligence information, if the fact of the existence of the information would: (1) impede or compromise an ongoing law enforcement investigation or endanger an individual; or (2) reveal information that would have a reasonable likelihood of threatening public safety. Allows a public agency to refuse to confirm or deny the existence of a record the disclosure of which would expose vulnerability to terrorist attack, if the fact of the record’s existence or nonexistence would reveal information that would have a reasonable likelihood of threatening public safety. Allows a person to file an action in court to appeal an agency’s refusal to confirm or deny the existence of a record. Clarifies when a request for a record is deemed denied and appealable. Provides that when a public agency refuses to confirm or deny the existence of a record under certain circumstances, the name and title or position of the person responsible for the refusal shall be given to the person making the records request.

SB 471
Effective: July 1, 2013
Code Citations Affected: IC 16-42
Prescriptions for brand name drugs. Permits a health care practitioner to use words of similar meaning instead of the statutory phrase “Brand Medically Necessary” when writing a prescription for a brand name drug when the practitioner does not want the pharmacist to substitute, under certain government programs, a generically equivalent drug product for the brand name drug.

HB 1219
Effective: July 1, 2013
Code Citations Affected: IC 34-30; 36-1
Privacy of home addresses. Beginning July 1, 2014, allows a city, town, county, or township (unit) that operates a public Internet web site data base containing the names and addresses of property owners to establish a procedure to permit a law enforcement officer, a judge, or a victim of domestic violence who participates in the attorney general’s address confidentiality program (covered person) to restrict disclosure to the general public of the covered person’s home address. Provides that a covered person must submit a written request to a unit in order for the unit to restrict access to the covered person’s home address through a public property data base web site. Provides that the unit must restrict access to the information of a covered person until the covered person submits a written request to the unit to allow access to the information. Provides that if a covered person: (1) has a name change; and (2) notifies the unit in writing of the name change; the unit must prevent disclosure of the covered person’s home address and both the covered person’s former name and new name. Allows a unit to charge a reasonable fee. Provides immunity from civil liability for certain units that restrict address disclosure.

HB 1341
Effective: July 1, 2013
Code Citations Affected: IC 21-18
Standard electronic transcripts. Establishes the Indiana e-transcript program (program). Provides that the commission for higher education shall administer the program. Provides that, beginning July 1, 2015, the program will allow all students at all accredited high schools to request that their transcripts be transmitted electronically to state educational institutions, participating Indiana not-for-profit or privately endowed institutions, and participating Indiana institutions authorized by the board for proprietary education. Provides that a governing body of an accredited nonpublic secondary school may elect to use the common electronic transcript. Requires the department of education, in collaboration with state educational institutions and the commission for higher education, to develop a common electronic transcript.

HB 1393
Effective: July 1, 2013
Code Citations Affected: IC 33-23; 33-24; 33-37
Judicial technology and automation. Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana’s judicial system; (2) make recommendations to the division of state court administration (division) for the establishment of a pilot program concerning electronic filing; (3) allow public court records to be available on the Internet [emphasis added]; (4) study the appropriate use of private sector vendors; and (5) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Provides that the committee consists of: (1) the chief justice of the supreme court; (2) the chief information officer of the office of technology; (3) two members of the senate; (4) two members of the house of representatives; (5) one trial court judge; (6) two circuit court clerks, with one clerk for a county that does not operate under the state’s automated judicial system and one clerk for a county that operates under the state’s automated judicial system; (7) one attorney admitted to the practice of law in Indiana; and (8) an individual affiliated with a taxpayer organization. Requires the division to develop and implement a standard protocol for sending and receiving certain court data by December 31, 2013, and requires the standard protocol to permit vendors to access the system on an equitable basis. Allows the budget committee to release funds for the judicial technology and automation project after the division certifies in conjunction with the Indiana office of technology that the judicial technology automation project is in compliance with certain information sharing and exchange requirements. Provides that the automated record keeping fee increases for two years from $5 to $7 for all civil, criminal, infraction, and ordinance violation actions except actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement. Allocates the $2 fee increase as follows: (1) $2 to the state, if the county is operating under the state’s automated judicial system; or (2) $1 to the state and $1 to the county if the county is not operating under the state’s automated judicial system. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement.

Here is the full list of new Indiana laws. There’s plenty of juicy stuff in there so give it a read at your convenience. Good luck out there!

Indiana Court Upholds Social Media Ban for Sex Offenders

A recent ruling from the Southern District of Indiana is making news around the country. Despite a challenge by the ACLU, an Indiana law that bans sex offenders from various social media sites has been upheld. Indiana’s law is similar to laws being challenged in other states. The ACLU has promised an appeal to this ruling, so stay tuned for more.

A national civil rights group said Sunday it would appeal a federal judge’s decision to uphold an Indiana law that bans registered sex offenders from accessing Facebook and other social networking sites used by children.

On Friday, Judge Tanya Walton Pratt said in an 18-page order that the state has a strong interest in protecting children and that the rest of the Internet remains open to those who have been convicted.

“Social networking, chat rooms, and instant messaging programs have effectively created a ‘virtual playground’ for sexual predators to lurk,” Pratt wrote in the ruling, citing a 2006 report by the National Center for Missing and Exploited Children that found that one in seven youths had received online sexual solicitations and one in three had been exposed to unwanted sexual material online. ABC News

Below are the ruling and original complaint:

DOE v. PROSECUTOR, MARION COUNTY, INDIANA
1:12-cv-00062-TWP-MJD

Stories from the Week that Was – 5/6/12-5/12/12

A mid-week election saw Richard Mourdock topple long-standing Republican Senator Richard Lugar. Has anybody bothered to ask Mourdock or (Democrat rival) Joe Donnelly’s thoughts on legislation like CISPA and SNOPA? Not this week, when all the talk was about Zuckerberg’s hoodie and President Obama’s evolution on same-sex marriage.

Why the New gTLDs Don’t Matter

Clicking ‘Like’ on Facebook Is Not Protected Speech, Judge Rules

Property rights in the cloud: Your data or theirs?

Twitter Defends User In Court Over Occupy Tweets

Think That Email Isn’t a Contract? Think Again

Facebook bans Grooveshark over copyright complaint

How Should We Measure Damages for Defamation Over Social Media?

Mars Rover Opportunity Rolling Again After Winter Break

New NDAA Would Give the Military Clandestine Cyberwar Powers

“All of my friends who have younger siblings who are going to college or high school – my number one piece of advice is: You should learn how to program.” – Mark Zuckerberg

Stories from the Week that Was – 4/8/12-4/14/12

Stories from the Week that Was - 4/8/12-4/14/12

President Obama Signs Into Law The Jumpstart Our Business Startups Act

Amazon will now buy your old CDs

Maryland becomes first state to ban employers from asking for social media passwords

Warning from the USPTO Concerning Unofficial Trademark Solicitations

U.S. sees warmest March in recorded history, NOAA reports

SF Students Suspended & Barred From Walking At Graduation Because They Joked About Teachers On A Blog

Facebook To Acquire Instagram For $1 Billion

“Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds.” – John Perry Barlow

Stories from the Week that Was – 4/1/12-4/7/12

Stories from the Week that Was – 4/1/12-4/7/12

Mac Flashback Trojan: Find Out If You’re One of the 600,000 Infected

JOBS Act To Jumpstart The Job Market

Collector Sues William Eggleston Over New Prints of Old Photos

Indianapolis Museum of Art, Google Announce Partnership

“Bad artists copy. Good artists steal.” – Pablo Picasso

Stories from the Week that Was – 1/29/12-2/4/12

Stories from the Week that Was – 1/29/12-2/4/12

I’m sure there was plenty going on this week but I was pre-disposed with the Super Bowl in Indianapolis.

NLRB Acting General Counsel releases new memo on social media cases

Facebook and Twitter: Key moments in social media law [Infographic]

Facebook’s Registration Statement on Form S-1

5 Ways Twitter Is Changing Media Law

Hate to admit it but Indianapolis has been best Super Bowl site ever

“It is not enough that you should understand about applied science in order that your work may increase man’s blessings. Concern for man himself and his fate must always form the chief interest of all technical endeavors, concern fo the great unsolved problems of organization of labor and the distribution of goods — in order that the creations of our mind shall be a blessing and not a curse to mankind. Never forget this in the midst of your diagrams and equations.” Albert Einstein, in an address at Cal Tech, 1931.

Stories from the Week that Was – 1/15/12-1/21/12

Stories from the Week that Was – 1/15/12-1/21/12

The internet stood up and crushed SOPA/PIPA this week (at least temporarily). It was a pretty amazing day as Wikipedia went dark and citizens across the land let their voices be heard. It’s not over yet and there’s news that a new bill, ACTA, is even worse than SOPA. Stay tuned.

I hope SOPA passes.

Anonymous Attacks Justice Dept as FBI Shuts Down File-Sharing Site

Super Bowl XLVI Gets a Social Media Command Center

The Week That Killed SOPA: A Timeline

“I personally think intellectual property is an oxymoron. Physical objects have a completely different natural economy than intellectual goods. It’s a tricky thing to try to own something that remains in your possession even after you give it to many others.” – John Perry Barlow

Stories from the Week that Was – 1/8/12-1/14/12

Stories from the Week that Was – 1/8/12-1/14/12

More SOPA this week. It’s all coming to a head next week with a big internet protest planned. Stay tuned.

Homeland Security monitors journalists

3 More Reasons SOPA Ought to Scare You

Boycott SOPA: Android app that scans barcodes and tells you whether an object’s manufacturer/publisher supports SOPA

Who Is Flying Unmanned Aircraft in the U.S.?

Why bankruptcy isn’t a brand killer

Full Text of 2012 Indiana State of the Judiciary Address

White House Speaks Out Against SOPA/PIPA, Sort Of…

“The intellectual property situation is bad and getting worse. To be a programmer, it requires that you understand as much law as you do technology.” – Eric Allman

Stories from the Week that Was – 1/1/12-1/7/12

Stories from the Week that Was – 1/1/12-1/7/12

SOPA is THE issue in IP for early 2012. There is plenty of opposition to the bill from all sides but I’m left with so little confidence in Congress doing the right thing that I can’t forecast an optimistic outcome. I’m tempted to mail a copy of William Patry’s new book “How to Fix Copyright” to all of my congressmen. I’m about halfway through and it carries a vital message that hopefully gets to our elected officials before SOPA is passed and does permanent damage to the Internet.

Why Everyone Should Be Against SOPA

Why The Movie Industry Can’t Innovate and the Result is SOPA

National Defense Authorization Act Outrage Continues To Grow Online

Careful, That’s Not a Louis Vuitton

2011: The Year Intellectual Property Trumped Civil Liberties

Homeland Security monitors journalists