BILL ANALYSIS Ó
AB 1043
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Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1043 (Torres) - As Introduced: February 18, 2011
SUBJECT : Cellular telephones equipment: matter depicting a
minor engaging or simulating sexual conduct.
SUMMARY : Prohibits retailers from selling cellular equipment
or contracts unless the transaction is accompanied by a brochure
describing the prohibition against controlling or possessing an
image of a minor engaging in, or simulating, sexual conduct, as
specified by July 1, 2012. Specifically, this bill :
1)Prohibits retailers from selling cellular telephone equipment
or a contract for cellular telephone equipment service, or
renew a contract for cellular telephone service, unless the
retailer provides the customer with a brochure, in a form
approved by the Director of the Department of Consumer Affairs
(DCA), describing current prohibitions against possessing or
controlling an image of a minor engaging in, or simulating
sexual conduct by July 1, 2012.
2)Requires the Director of DCA to notify all retailers that sell
cellular phone equipment and contracts in California of this
requirement.
3)Provides that a violation of the requirement above is an
infraction, punishable by a fine of $250 for the first
violation and $500 for each subsequent violation.
EXISTING LAW
1) Establishes DCA.
2)Prohibits the knowing possession or control of specified
material depicting a person under 18 years of age personally
engaging in or simulating sexual conduct.
FISCAL EFFECT : Unknown
COMMENTS :
AB 1043
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Purpose of this bill . According to the author's office,
"Technological advances in hand held devices such as cell
phones, along with an ever growing number of minors using such
devices, has led to a growing number of cases in which minors
engage in creating, sharing, or forwarding sexually suggestive
images of themselves or other minors. Commonly referred as
'sexting,' this behavior has led to cases of harassment,
humiliation and even suicide of minors.
"The principal problem with sexting is that minors are not fully
aware of the severely detrimental consequences that engaging in
this behavior can create. This bill is necessary in order to
ensure that the right type of information on the consequences of
sexting is provided to consumers.
Background .
In a nationally representative survey of those ages 12-17
conducted on landline and cell phones, the Pew Research Center's
Internet & American Life Project found:
4% of cell-owning teens ages 12-17 say they have sent sexually
suggestive nude or nearly nude images of themselves to someone
else via text messaging;
15% of cell-owning teens ages 12-17 say they have received
sexually suggestive nude or nearly nude images of someone they
know via text messaging on their cell phone;
Older teens are much more likely to send and receive these
images; 8% of 17-year-olds with cell phones have sent a
sexually provocative image by text and 30% have received a
nude or nearly nude image on their phone; and,
The teens who pay their own phone bills are more likely to
send "sexts": 17% of teens who pay for all of the costs
associated with their cell phones send sexually suggestive
images via text; just 3% of teens who do not pay for, or only
pay for a portion of the cost of the cell phone send these
images.
Opposition . Verizon Wireless writes in opposition, "While
Verizon Wireless supports the goals of AB 1043, which is to help
ensure that customers are aware of the capabilities of the
technology and to use it responsibly, we believe that it is
AB 1043
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inappropriate to try to legislate morality in this manner and to
place the burden on the providers of the service? Such
requirements would be unnecessarily costly, and would also be
disruptive for stores that would have to manage the materials.
This bill also takes away from businesses the opportunity to
review and approve the information that they provide to their
own customer.
"We believe that through the education of consumers, along with
parental responsibility, are the keys to addressing issues such
as 'sexting,' and Verizon wireless has a comprehensive website,
the 'Parental Controls Center,' to assist in this regard. The
Parental Controls Center website provides step-by-step
instructions, tutorials, and a wide range of tools to help
educate parents and kids on the technology. We also have usage
controls, content filters, and other tools to assist our
customers.
"We believe that the overwhelming number of wireless customers
use the technology responsibly, and wireless carriers help
ensure that they understand the capabilities and limitations of
the technology. There is also no substitute for good parenting,
and we give parents the tools to help them.
"AB 1043 is too heavy handed and would create burdens and
inconveniences for both the business and its customers. We urge
a 'No' vote on this bill, and believe that there is adequate
information available currently in the marketplace to adequately
help consumers be aware of the potential for 'sexting' and to
deal with the issue adequately."
Related legislation . AB 227 (Hall) of 2011, modifies the
guidelines and criteria required for the development of district
education technology plans, as specified, and encourages
districts to partner with the California Technology Assistance
Project, information technology companies and nonprofit
organizations to develop tools to supplement the existing
Internet safety curriculum. This bill is currently pending in
the Senate.
AB 321 (Hernández) of 2011, requires a court to order counseling
and community service in addition to any other fine, sentence,
or as a condition of probation, for any minor adjudicated a ward
of the court because of a violation related to the possession or
control of matter depicting sexual conduct involving a minor.
AB 1043
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This bill is currently pending in the Assembly Appropriations
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
CTIA The Wireless Association
Verizon Wireless
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301