BILL NUMBER: AB 255	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 11, 2009

   An act to add Chapter 22.3 (commencing with Section 22585) to
Division 8 of the Business and Professions Code, relating to Internet
security.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 255, as introduced, Anderson. Internet security: virtual globe
technology.
   Existing law requires the operator of a commercial Internet Web
site or online service that collects personally identifiable
information through the Internet about individual consumers residing
in California who use or visit its commercial Internet Web site or
online service to post its privacy policy on its Internet Web site or
make that policy available, as specified.
   This bill would prohibit an operator, as defined, of a commercial
Internet Web site or online service that makes a virtual globe
browser available to members of the public from providing aerial or
satellite photographs or imagery of places in this state that have
been identified on the Internet Web site by the operator as a school,
place of worship, or government or medical building or facility
unless those photographs or images have been blurred. The bill would
also prohibit that operator from providing street view photographs or
imagery of those buildings and facilities. An operator that violates
these provisions would be guilty of a crime and subject to a fine of
not less than $250,000 for each day the operator is in violation of
these provisions. In addition, an operator who is an executive
officer or member of a board of directors who knowingly violates
these provisions would also be subject to imprisonment in the state
prison for one, 2, or 3 years. Because the bill would create new
crimes, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 22.3 (commencing with Section 22585) is added
to Division 8 of the Business and Professions Code, to read:
      CHAPTER 22.3.  INTERNET SECURITY


   22585.  (a) An operator of a commercial Internet Web site or
online service that makes a virtual globe browser available to
members of the public shall not provide aerial or satellite
photographs or imagery of a building or facility in this state that
is identified on the Internet Web site by the operator as a school or
place of worship, or a government or medical building or facility,
unless those photographs or images have been blurred.
   (b) An operator of a commercial Internet Web site or online
service that makes a virtual globe browser available to members of
the public shall not provide street view photographs or images of the
buildings and facilities described in subdivision (a).
   (c) (1) An operator of a commercial Internet Web site or online
service that violates this section is guilty of a crime and shall be
subject to a fine of not less than two hundred fifty thousand dollars
($250,000) for each day in violation of this section.
   (2) An operator who is a natural person and who is found to have
knowingly violated this section shall be subject to one, two, or
three years in prison, in addition to the fine set forth in paragraph
(1).
   (d) For purposes of this section, an "operator" includes a
corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, or any other legal or
commercial entity, or a natural person who is an executive officer or
member of the board of directors of one of those entities. An
operator does not include a governmental entity.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.