AB 1116, as amended, Committee on Privacy and Consumer Protection. Connected televisions.
Existing law makes it a crime for a person who owns, controls, operates, or manages a satellite or cable television corporation to use an electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. Existing law requires a device that includes an integrated and enabled wireless access point that is sold as new in the state for use in a small office, home office, or residential setting to be manufactured to possess certain features and advisories, including, among others, protection on the device that requires an affirmative action by the consumer prior to allowing use of the product and an advisory for the consumer regarding how to protect his or her wireless network connection from unauthorized access.
This bill would prohibit a person or entity from using the features in a connected television that allow the collection, recording, storage, analysis, transmission, interpretation, or other use of the spoken word of a person within this state withoutbegin insert prominentlyend insert informing the user or a person designated by the user to perform the initial setup or installation of the connected television, except as specified. This bill would further prohibit a manufacturer of a connected television or a third party that contracts with a manufacturer of a connected television, as specified, from using or selling for any advertising purpose any spoken word or other sound that was collected by a connectedbegin delete televisionend deletebegin insert
television, includingend insert for the purpose of improving the function, operation, or features of the connected television. This bill would prohibit a person or entity from compelling a manufacturer or entity offering features that allow the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words, to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. This bill would limit the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically exclude liability for functionality provided by applications downloaded and installed by a user. This bill would define terms for its purposes. This bill would prohibit a waiver of these prohibitions and authorize their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney. This bill
specifies that its provisions shall not be deemed to create a private right of action or limit any existing private right of action. This bill would provide that these provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 35 (commencing with Section 22948.20)
2is added to Division 8 of the Business and Professions Code, to
3read:
(a) Except for voice commands that are not recorded
4or transmitted beyond the connected television, a person or entity
5shall not use the features in a connected television that allow the
6collection, recording, storage, analysis, transmission, interpretation,
7or other use of the spoken word of a person within this state without
8begin insert prominentlyend insert informing the user or a person designated by the user
9to perform the initial setup or installation of the connected
10television. A manufacturer of a connected television or a third
11party that contracts with a manufacturer of a connected television
12to provide a voice recognition feature shall not use
or sell for any
13advertising purpose any spoken word or other sound that was
14collected by a connectedbegin delete televisionend deletebegin insert television, includingend insert for the
15purpose of improving the function, operation, or features of the
16connected television,begin delete including, but not limited to,end deletebegin insert or forend insert the
17provision of an accessible user interface for people with disabilities.
18(b) A person or entity shall not compel a manufacturer or entity
19offering features that allow the collection, recording, storage,
20analysis, transmission,
interpretation, or other use of spoken words,
21to build specific features for the purpose of allowing an
22investigative or law enforcement officer to monitor
23communications through that feature.
24(c) A manufacturer shall only be liable for functionality provided
25at the time of the original sale of a connected television and shall
26not be liable for functionality provided by applications downloaded
27and installed by a user.
28(d) This section shall not apply to any product or service
29provided by a company covered under Section 637.5 of the Penal
30Code.
For purposes of this chapter, the following
32definitions shall apply:
33(a) “Connected television” means a video device designed for
34home use to receive television signals and reproduce them on an
35integrated, physical screen display that exceeds 12 inches, except
36that this term shall not include a personal computer, portable
37device, or a separate device that connects physically or wirelessly
38to a television, including, but not limited to, a set-top box, video
39game console, or digital video recorder.
P4 1(b) “User” means a person who purchases, leases, or takes
2ownership of a connected television. A person who is
incidentally
3recorded when a voice recognition feature is activated by a user
4shall not be deemed to be a user.
5(c) “Utilize” means to use a voice recognition feature that was
6previously enabled.
7(d)
end delete
8begin insert(c)end insert “Voice recognition feature” means the function of a
9connected television that allows the collection, recording, storage,
10analysis, transmission, interpretation, or other use of spoken words
11or other sounds, except that this term shall not include voice
12commands that are
not recorded or transmitted beyond the
13connected television.
Any waiver of the prohibitions in Section 22948.21
15is contrary to public policy and void and unenforceable.
(a) Actions for relief pursuant to this chapter may
17be prosecuted exclusively in a court of competent jurisdiction in
18a civil action brought in the name of the people of the State of
19California by the Attorney General or by any district attorney. This
20chapter shall not be deemed to create a private right of action, or
21limit any existing private right of action.
22(b) A court may enjoin abegin delete manufacturer thatend deletebegin insert person whoend insert engages,
23has engaged, or proposes to engage, in a violation of this chapter.
24The court
may make any orders or judgments as may be necessary
25to prevent a violation of this chapter.
26(c) Abegin delete manufacturer thatend deletebegin insert person whoend insert
engages, has engaged, or
27proposes to engage, in a violation of this chapter shall be liable
28for a civil penalty not to exceed two thousand five hundred dollars
29($2,500) for each connected televisionbegin insert sold or leasedend insert in violation
30of this chapter. If the action is brought by the Attorney General,
31the penalty shall be deposited into the General Fund. If the action
32is brought by a district attorney, the penalty shall be paid to the
33treasurer of the county in which the judgment was entered.
The remedies or penalties provided by this chapter
35are cumulative to each other and to the remedies or penalties
36available under all other laws of the state.
The provisions of this chapter are severable. If any
38provision of this chapter or its application are held to be invalid,
P5 1that invalidity shall not affect other provisions or applications that
2can be given effect without the invalid provision or application.
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