BILL NUMBER: AB 632	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 25, 2009

   An act to add Section 1708.9 to the Civil Code, relating to
privacy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 632, as introduced, Davis. Internet-based social networking:
privacy.
   Existing law provides that a person is liable for constructive
invasion of privacy when he or she attempts to capture, in a manner
that is offensive to a reasonable person, any type of visual image,
sound recording, or other physical impression of another person
engaging in a personal or familial activity under circumstances in
which that other person had a reasonable expectation of privacy,
through the use of a visual or auditory enhancing device, regardless
of whether there is a physical trespass, if this image, sound
recording, or other physical impression could not have been achieved
without a trespass unless the visual or auditory enhancing device was
used.
   This bill would require a social networking Internet Web site, as
defined, to prevent an image of a person that is posted on the
Internet Web site by a user of the site from being copied or
reproduced without the permission of the user who posted the image.
The bill would also require the social networking Internet Web site
to establish a mechanism for a user to flag an image that is posted
on the site for removal from the network when the image is of the
person requesting removal and the image is posted by another person
on the other person's Internet Web site on the network.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1708.9 is added to the Civil Code, to read:
   1708.9.  (a) A social networking Internet Web site shall do both
of the following:
   (1) Prevent an image of a person that is posted on the Internet
Web site by a user of the site from being copied or reproduced
without the permission of the user who posted the image.
   (2) Establish a mechanism for a user to flag an image that is
posted on the Internet Web site for removal from the network when the
image is that of the person requesting removal and the image is
posted by another person on the other person's Internet Web site on
the network.
   (b) For purposes of this section, "social networking Internet Web
site" means a service that allows individuals to construct a public
or semipublic profile within a bounded system, articulate a list of
other users with whom they share an Internet Web site connection, and
view and traverse their list of connections and those made by others
within the system.