BILL NUMBER: SB 242	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 17, 2011
	AMENDED IN SENATE  MAY 2, 2011

INTRODUCED BY   Senator Corbett

                        FEBRUARY 9, 2011

   An act to add Part 2.7 (commencing with Section 60) to Division 1
of the Civil Code, relating to privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 242, as amended, Corbett. Social networking Internet Web sites:
privacy: minors.
   Existing law requires an 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 site or online service to
conspicuously post its privacy policy on its Internet Web site.
Existing law also prescribes various prohibitions with regard to
disclosures of personal information related to, among other things,
driver's licenses, social security numbers, and direct marketing.
   This bill would prohibit a social networking Internet Web site, as
defined, from displaying  in a designated text field,
 to the public or other registered users  , the home
address or telephone number of   any information about
 a registered user of that Internet Web site  , other than
the user's name and city of residence,  without 
consent, as defined   the express agreement of the user
 . The bill would require a social networking Internet Web site
to establish a process for new users to set their privacy settings as
part of the registration process that explains privacy options in
plain language, and to make privacy settings available in an
easy-to-use format. The bill would require a social networking
Internet Web site to remove the personal identifying information, as
defined, of any registered user, and would require removal of that
information regarding a user under 18 years of age upon request by
the user's parent, within 48 hours upon his or her request. This bill
would impose a civil penalty, not to exceed $10,000, for each
willful and knowing violation of these provisions.
   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.  Part 2.7 (commencing with Section 60) is added to
Division 1 of the Civil Code, to read:

      PART 2.7.  SOCIAL NETWORKING PRIVACY ACT


   60.  (a) A social networking Internet Web site shall establish a
default privacy setting for registered users of the site that
prohibits the display, to the public or other registered users, of
any information about a registered user, other than the user's name
and city of residence, without the  express  agreement of
the user.
   (b) A social networking Internet Web site shall establish a
process for new users to set their privacy settings as part of the
registration process that explains privacy options in plain language.
The Internet Web site shall not complete the process of registering
a new user until privacy settings are selected by the user. The
Internet Web site shall make privacy settings available to all users
of the Internet Web site in a conspicuous place and an easy-to-use
format that allows the user to adjust his or her privacy setting.
   (c)  (1)   A social networking Internet Web site
shall remove the personal identifying information of a registered
user in a timely manner upon his or her request. In the case of a
registered user who identifies himself or herself as being under 18
years of age, the social networking Internet Web site shall also
remove the information upon the request of a parent of the registered
user. 
   (d) The provisions of subdivision (a) shall only apply to a text
field specifically designated to display the registered user's home
address or telephone number.  
   (2) Notwithstanding subdivision (b) of Section 62, for purposes of
this subdivision, "personal identifying information" shall not
include a person's name.  
   (d) A request submitted by a registered user pursuant to
subdivision (c) shall include sufficient information to verify the
identity of the user and shall specify any known location of the
information that is the subject of the request. 
   62.  For purposes of this part:
   (a) "In a timely manner" means within 48 hours of delivery of the
request.
   (b) "Personal identifying information" means a person's name,
address, telephone number, driver's license number, social security
number, place of employment, employee identification number, mother's
maiden name, demand deposit account number, savings account number,
or credit card number. "Personal identifying information" also means
information about a person's current location, including global
positioning system coordinates, in different types of media,
including photographs and videos, transmitted to, or over, the
Internet.
   (c) "Plain language" means a clear explanation, written in easy to
understand terms that achieves a minimum Flesch Reading Ease score
of 70, as that calculation is described in paragraph (7) of
subdivision (a) of Section 2689.4 of Title 10 of the California Code
of Regulations, in effect on March 24, 2003, regarding the people and
entities that will be able to view the information, to allow those
persons or entities to view his or her information.
   (d) "Privacy setting" means the ability of the user to restrict
information about himself or herself that is available from the
Internet Web site.
   (e) "Registered user" means any person who has created an account
for purposes of accessing a social networking Internet Web site.
   (f) "Social networking Internet Web site" means an Internet
Web-based service that allows an individual to construct a public or
partly public profile within a bounded system, articulate a list of
other users with whom the individual shares a connection, and view
and traverse his or her list of connections and those made by others
in the system.
   65.  A social networking Internet Web site that willfully and
knowingly violates any provision of this part shall be liable for a
civil penalty, not to exceed ten thousand dollars ($10,000) for each
violation of this part.