America Is Online, and There's No Turning Back.

• Author: Bourquard, JoAnne
• Position: Brief Article

At comet-like velocity, the Internet is propelling us into a new world of electronic products, transactions, services and communications.

More than 100 million Americans currently cruise the Net. Through this worldwide portal, we have virtually unlimited access to information and staggering new business and educational opportunities. It's no wonder the Internet is dramatically reshaping the way we live, work, play and interact with one another.

The global nature of the Internet also raises jurisdictional issues that remain unresolved. States seek to regulate the Internet to protect their own citizens, but must do so without impeding interstate commerce. Legislatures have an interest in protecting consumers from fraud and abuse. They're also hearing about problems like burdensome unsolicited junk mail. They have an interest in protecting children from harmful on-line materials. But enforcing existing laws can prove difficult or impossible in an environment where physical presence is irrelevant--criminal operations that are shut down in one state or country can simply set up shop in another.

For state lawmakers, these changes create a whole new landscape for public policy. In commercial law, policymakers are examining existing rules on paper-based information and transactions to determine how best to include electronic information and agreements. New questions about security and privacy need to be resolved to increase consumers' confidence in electronic commerce. And questions about whether and how to tax Internet transactions have serious ramifications for state budgets.

The Internet holds great potential for improving the delivery of government services and providing instant access to resources. States provide license renewals, tax filings, applications for benefits and more through the Internet. And many state agencies use the Internet to provide information about services and products. They also publish a variety of public information on the Net, such as nursing home facts, lists of licensed physicians or even the names of sex offenders.

Every state legislature provides access to bills and other legislative information through the Internet, and almost half the states broadcast legislative proceedings for all to watch through the Web.

Not only is the Internet radically altering the lives of citizens, its unparalleled growth is influencing the shape of the information and telecommunications industries. Transporting data, voice and images is a fundamental requirement of the expanding cyberworld. Companies in the business of providing these capabilities are competing to provide an array of options. And merger mania has set in. New corporate entities and partnerships that combine entertainment, long-distance, local wireless, cable and computer capabilities are being formed eve day. Companies are competing to give consumers the best in cable television, access to the Internet, movies and entertainment, telephone equipment and various kinds of telephone services.

The tremendous growth in consumer choices and advances in technology give rise to some brand new issues. State legislators are now debating the merits of whether access by competitors to high-speed Internet lines owned by cable television companies should be forced or optional. And lawmakers are trying to determine how best to eliminate regulatory barriers and encourage competition in an environment where advances in technology occur at an unprecedented pace.

What is the role of state legislatures in this new landscape? Policymakers can encourage growth and competition and offer safeguards for citizens. But, with the pace of change intensifying, can government keep up?

The challenge for state legislators is how to expand current laws to accommodate the growing electronic environment, while preserving the fundamental rights and protections rooted in existing law.

HOW WIDE THE DIGITAL DIVIDE?

Government is providing more information and offering more services through the Internet, but recent studies indicate that not everyone has access to these benefits.

A December 1999 U.S. Department of Commerce report, "Falling through the Net: Defining the Digital Divide," finds that the number of Americans who used the Internet has grown rapidly. But the study also finds a gap in Internet access between whites and blacks and Hispanics. Rural areas and central cities also fall behind. Other recent studies, however, including those done by Forrester Research and Cheskin Research, indicate that the racial gap may be harrowing with blacks and Hispanics increasing their Internet use and computer purchases at a faster rate than the general population.

Many high-tech companies, nonprofit organizations, foundations and community groups are actively pursuing programs to address the digital divide. Scholarships, job training programs, donations of telecommunications lines or computer equipment and neighborhood technology centers are just a few of the initiatives under way. The Benton Foundation sponsors a Web site (www.digitialdividenetwork.org) that provides information about many of these efforts.

President Clinton has also announced a number of federal initiatives and partnership of help close the gap between technology "haves and have-nots." These initiatives are summarized at www.digitialdivide.gov.

An increasing number of states are considering these issues. The California senate conducted committee hearings on the topic, and Virginal Governor James Gilmore has announced a statewide effort. A number of states have enacted legislation to improve rural Internet access. Colorado passed the rural Technology Enterprise Zone Act in 1998 to provide tax credits to companies that invest in improving Internet access in rural areas. Utha in 1999 established a Rural Telecommunications Task force to review and make recommendations on ways to aid development of advanced communication services.

Several states, including Delaware...