California legislature to decide privacy, Internet commerce bills

by Steve Blum • , , , ,

Consumer privacy, police surveillance, online retailing, bots and social media were all targets of bills introduced this year in the California legislature. One major bill already passed, a couple are dead and the rest are queued up for a decision this week, as lawmakers prepare to finish up the 2018 session on Friday.

Assembly bill 375 established strict consumer data privacy rules. It was signed into law by the governor earlier this year. It’s being tweaked, though. Senate bill 1121 exempts some medical, financial and driving record information that’s already regulated by federal and/or state law. It also allows credit reporting agencies to continue to use personal information, whether or not consumers consent, to the extent permitted by federal law. It makes other changes, mostly regarding how the law is enforced.

As far as I can tell, the amendments are technical. But SB 1121 should put everyone on notice, too: the legislature can and will change California’s new data privacy law. Given the influence that lobbyists and their cash payments to lawmakers have in Sacramento, future changes may not be so benign.

Other bills introduced this year include…

  • AB 1906 and SB 327 – aimed at the Internet of things, these two, linked bills require passwords and other security features on Internet-connected devices. Awaiting floor votes in the senate and assembly, respectively. Each will have to go back to its “house of origin” for concurrence votes on amendments made along the way.
  • AB 2167 – defines information gathered by ingestible sensors that collect or send information about an individual, and linked apps and devices, as protected medical information. On the senate floor, with assembly concurrence needed.
  • AB 2511 – requires merchants to “take reasonable steps to ensure that the purchaser is of legal age” of anyone who might purchase or view age restricted products or services. It was originally targeted only at online sellers, but now includes all businesses. The range of products and services covered was narrowed, too. Waiting for a floor vote in the senate, then would go back to the assembly for concurrence.
  • AB 2935 – adds privacy protections to health monitoring programs, online and otherwise. Would have had implications for fitness and athletic social media, such as Strava. It died in a senate committee.
  • SB 1001 – requires bots – computer programs that mimic people, used by companies to chat with customers – to identify themselves as such. Only applies to websites that get 10 million visitors a month. On the assembly floor now, with senate concurrence also needed.
  • SB 1186 – required local governments to disclose the types and uses of law enforcement surveillance technology. Quietly killed in the appropriations committee by assembly leadership.
  • SB 1424 – formerly a far reaching attempt to police free speech on the Internet, it was neutered as it moved through the legislative process and now just calls for the California attorney general to study “the problem of the spread of false information through Internet-based social media platforms”. If someone donates the money to do it. Awaits an assembly floor vote and senate concurrence.