Lawmakers weigh potential hazards against risk of stifling new technology

By Caitlin Rydinsky 

Faced with the rapid rate of technological development, lawmakers find themselves questioning how soon is too soon to act when it comes to regulating new technologies.

Chicago Democratic Sen. Ira Silverstein's proposal follows those in other states such as Delaware, Maryland, Missouri and Wyoming in attempting to ban the wearing of a new device called Google Glass while driving. This product resembles a pair of glasses, but also allows users to browse the Internet, take pictures or videos, make calls and even check their emails hands free. Wilson White, public policy manager and associate litigation counsel at Google, said their product let consumers “have the Internet there when they want it and away when they don’t.”

Google Glass offers features that could be appealing to drivers, such as a GPS navigation application. The device would also prevent users from having to look down to a phone held in their hands or at a dashboard mount. It is activated and controlled by the user’s voice, head tilts, nods and multiple touches to the side of the glasses. Still, policymakers in several states question whether they would prove to be an distraction for drivers. “That’s my main problem, my main issue with this bill is safety, and I think this technology can hurt people, especially when driving cars. It can distract drivers in a second and cause a wreck and ultimately a tragedy,” Silverstein said. He is sponsoring Senate Bill 2636, which would ban wearing the glasses while driving. Texting and talking on handheld phones while driving are  banned in the state.

Google Glass is still in a customer-testing phase. The devices were only available to developers until this month. Now anyone can buy them for $1,500.

Sen. Daniel Biss, a Democrat from Evanston, knows all too well the difficulties and challenges that arise when trying to regulate advancing technology before it is being widely utilized by citizens. He sponsored a new law that restricts law enforcement's use of aerial drones. “Your knee jerk response would be to regulate, but you probably don’t want to just do it at a knee-jerk level. But again at the same time, you want to have appropriate regulation,” Biss said.

Biss’ legislation bans law enforcement from using drones to gather evidence without a warrant. It does allow for some exceptions, such as in the case of a missing person or a terrorist attack. Biss said that opposition to his proposal caused him to spend a summer learning more about drones and how law enforcement might use them. The next step, he said, was educating his fellow legislators about the issue. “Look [the Senate] has 59 members and across the building [are] 118 more. They all come from different places and different points of view. It takes a while to get people comfortable with something, particularly when the concept is new.”

Sen. Martin Sandoval, a Democrat from Chicago, said that public awareness of the dangers of texting while driving was key to passing a ban on it. “Public outcry and public demand is crucial to passing policy like the texting ban.” Sandoval says a large amount of evidence is needed to get people to see that there is a danger and be willing to put aside their desire for the instant gratification of checking their text messages while they drive.

Chicago Democratic Sen. Toi Hutchinson says that sometimes lawmakers do not have to pass a bill to have an impact on technology. She is a sponsor of SB 3593, which would require cell phones to have a “kill switch” to make them inoperable if stolen. Hutchinson said that she thinks here bill and similar legislation in other states resulted from large manufacturers volunteering to make the changes without any law being implemented. “The industry finally realized they were not going to oppose this bill state by state by state,” she said. Hutchinson still hopes to pass her bill to make sure that the companies stick to their word and that smaller manufacturers also offer the feature.

Because Google Glass is still in the experimental stage, many lawmakers feel it is too early to start regulating it. Rochelle Republican Rep. Tom Demmer borrowed a pair of Google Glass from his staffer, who worked for a developer, and wore them on the House floor on a session day. He said: “We’re jumping the gun on some of the regulations that come with technology. Often times you see technology be introduced, among a small community developer, you know, a tech advanced community, and we don’t really know how it will be adapted by the general public yet.” Demmer says that legislators run the risk of stifling innovation if the rush to restrict the use of new products. “I think we need to be cognizant that those actions we take in terms of regulating technology have an impact on the economy on what kind of businesses start in Illinois, (and) who brings their business in Illinois.” 

Silverstein has started the process of educating lawmakers about Google Glass. A team from Google came this week to meet with the Senate transportation committee and demonstrate their product.

“As far as the legislation, I think it’s a bit premature right now and I think the company, Google, would say they are still developing it and making adjustments on it. So we will see what the end product is and take a look at the legislation,” said Rushville Democratic Sen. John Sullivan, who is on the committee. 

“I don’t think it’s too early” Silverstein said. He said that the widespread use of cellphones while driving illustrates the risk of being distracted by gadgets while behind the wheel. He said that the fact that some drivers are constantly checking their phones indicates that the would be using Google Glass to do the same things, such as texting or reading emails, while driving.

Biss said that lawmakers who want to make sure that new technology is being used in a safe way that protects privacy must do so within a system that is designed to move at a deliberate pace. “Technology is changing incredibly fast right now and we have a legislative process that is designed to be sort of slow. So we have this challenge of how do you react nimbly and quickly to these unbelievable, rapid and radical technological changes in a way that it is consistent with the work things out, talk things through (and) think things over approach of legislation.”

 Although SB 2636 does not seem to be moving forward in the spring legislative session, the issue is unlikely to go away. Those who felt that it is too soon to ban them behind the wheel agreed that as more people use Google Glass and competing products hit the market, it is possible that the General Assembly would weigh in with regulations.

State launches outreach on big issues

By Jamey Dunn

The state of Illinois is trying to compete with the glittery distraction of the holiday season to inform residents about  the impending implementation of concealed carry, a medical marijuana pilot program and insurance coverage.

The state will not begin accepting concealed carry permit applications until January 5, but the Illinois State Police launched a website this week that is meant to allow applicants to get a jump start on the process. The website gives applicants a checklist of what they will need to apply and directs them to a page where they can get an Illinois Digital ID, which is required for online application. It also provides information on how to obtain electronic fingerprints, which the state police say would expedite the process for applicants.

But not everyone is happy with the state’s high-tech approach to the process. A spokeswoman for the state police said the agency plans to only offer online applications for the “initial phase” of implementing concealed carry. She said that the online system would allow the state to meet the deadlines that are set out in the law. “We are also sensitive the needs of those applicants who may not have the ability to apply online, and we will need to further explore those options as the process moves forward,” Monique Bond, a spokeswoman for the state police, said in an email. Among supporters of the new law there is concern about access for those seeking licenses and skepticism that the site will be able to handle a potentially large number of applicants. They point to issues with the online setup — for instance, the page used to issue digital IDs does not work with some popular Internet browsers. (When I tried to access it using Google Chrome, I received an error message that directed me to use Microsoft’s Internet Explorer.)

Harrisburg Democratic Rep. Brandon Phelps, who sponsored the new law that will allow for the carry of concealed firearms in the state, said an online only permitting process was never his intent. Phelps said that he has been encouraging people to apply online because he believes that the process will be faster than paper applications. “You’re taking a chance by filing on paper [that] it may take you longer.” But he said that a paper option needs to exist, too. “There are people in this state that do not have access and the resources to do everything electronically.” Phelps said he hopes that the Joint Committee on Administrative Rules will resolve the issue at their meeting, which is scheduled for next week. He wants people to have the option to mail in applications when the state begins accepting them on January 5.

The state also launched a website to inform Illinoisans about the new medical marijuana pilot program. The new law goes into effect on January 1, but the Illinois Department of Public Health has not yet released a date on which it will begin issuing permits to patients. The homepage of the site says: “Members of the public should be aware that full implementation of MCPP will take time. The State of Illinois is warning that it will not be legal for anyone to grow, offer to provide, or to possess, medical cannabis until licenses have been issued and the program is up and running.” In the meantime, visitors to the website can find information about the program and sign up for email alerts.

In addition to both of those efforts, Illinois is kicking off its television advertising campaign to encourage residents to visit the state’s online insurance exchange and purchase coverage. “Now that the federal website has improved, we are shifting from educating consumers to the next phase of encouraging enrollment. We are urging thousands of uninsured residents in Illinois to get covered in this new state of health care that we are entering in 2014,” Jennifer Koehler, Executive Director of Get Covered Illinois, said in a prepared statement. “If you visited GetCoveredIllinois.gov before but didn’t select a plan, come back and try again. With the upgrades to the federal website that were recently put in place, the enrollment system is working much more smoothly. Now is the time to select a plan and get covered.”

The federal online exchange has come under fire for serious glitches. Illinois’ exchange is tied to the federal website, so it has experienced issues as well.

A news release issued by the state’s online marketplace described the advertising campaign: “The nearly $1-million TV ad buy includes the eight major-media markets in Illinois, and is targeted to reach Illinois’ uninsured population. The campaign features one 30-second ad that highlights the all-inclusive nature of the new state of health care across Illinois; and two 15-second spots: one that highlights the fact that insurers can no longer deny coverage because of pre-existing conditions, and one that features a mom-to-be.” The campaign, along with 300 events planned statewide, is meant to encourage people to sign up for insurance before the December 23 deadline. People who sign up by that date and pay a premium by December 31 will see their coverage start on January 1. Open enrollment on the exchange will continue through March 31.

Comptroller launches website with local government budget info

By Jamey Dunn

Illinois Comptroller Judy Baar Topinka’s office launched a website today that allows visitors to find information about local governments in the state.

The comptroller’s office collects more than 9,200 reports from 5,200 local governments each year. Now, much of that information is available online. Dubbed The Warehouse, the site allows users to find financial reports and audits from counties; cities; special taxing districts, such as park districts; and other bodies of local governments. “We’re essentially allowing taxpayers to scour The Warehouse from wherever they are to seek whatever they want to learn,” Topinka said at a Chicago news conference. “It’s designed to be user friendly. In fact, we’re going to keep trying and trying and trying to make sure anything we put out [will] be as user friendly as possible.” She said the new site was made possible by a 2012 law that requires local governments to submit their information to her office electronically.

A similar state government site, called The Ledger, has searchable databases of state fiscal information, including employee pay and state contracts. Topinka said that since the site was launched in March 2012, it has received 2.5 million page views. “The fact is that government acts more responsibly when it knows people are watching,” Topinka said. “The Warehouse builds on the tremendous success of The Ledger, and let me assure you, we're not done yet.”

Lt. Gov. Sheila Simon, who is challenging Topinka for the comptroller’s office, has tried to lay recent cases of high-profile local corruption at Topinka’s feet because the comptroller’s office takes in local fiscal information. Simon said in a written statement today that the website would do little to prevent local problems. “It is the job of the comptroller's office to be the fiscal watchdog over local governments. We’ve had far too many examples of corruption at the local level — along with missed opportunities to spot that corruption under Judy Baar Topinka,” said Simon. “Repurposing a Web address with the same information that could already be found on the comptroller website is too little and too late. Identifying and preventing local corruption will be a priority from my first day in office. It’s time we have a comptroller who provides not just accounting but accountability.”