BILL ANALYSIS Ó
AB 1116
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1116 (Committee on Privacy and Consumer Protection) - As Amended
April 30, 2015
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| |Judiciary | |10 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill limits the ability of "smart TVs" to record and
transmit spoken words for a purpose not essential to the
function of the television. Specifically, this bill:
AB 1116
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1)Prohibits TVs with voice-recognition (VR) features, also known
as "smart TVs," from being used to collect, record, store,
analyze, or transmit spoken words for any purpose not
essential to the function of the application with the VR
feature that the consumer uses.
2)Requires a one-time opt-in consent with a separate notice to
the consumer before a VR feature on a smart TV is enabled.
3)Requires smart TVs with VR features to have mechanisms that
allow consumers to:
a) Affirmatively choose to use of the VR feature;
b) Start and stop the VR feature; and
c) Understand when the VR feature is on and collecting or
transmitting spoken words or sounds.
4)Authorizes the Attorney General (AG) or a district attorney to
prosecute a manufacturer that violates or proposes to violate
these provisions by seeking injunctive relief and/or a civil
penalty of up to $2,500 per violation.
FISCAL EFFECT:
Potential minor costs to the AG or local prosecutors, offset to
some extent by penalty revenues.
COMMENTS:
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1)Background. Smart TVs are home entertainment systems that are
connected to the Internet. Some smart TVs now have technology
that can respond to human voices, which allows consumers not
only to speak basic commands but also to search for content on
the Internet or TV, rather than use a standard remote control
to find and select options. While some manufacturers have
warnings in their user manuals and privacy policies, many
consumers are unaware that their TVs can capture conversations
inside the home and transmit them back to the manufacturer or
to a third-party service provider.
2)Purpose. This bill expands to smart TVs current law
prohibiting cable and satellite TV operators from recording or
transmitting conversations that occur in a subscriber's home
without notice and consent. According to the Chair of the
Committee on Privacy and Consumer Protection, "AB 1116
protects California consumers by requiring manufacturers to
ensure that a TV's VR features cannot be enabled or activated
without a consumer's knowledge or consent and also by banning
the secondary use of voice data, for example for marketing and
advertising purposes. This bill affirms the fundamental right
to privacy established in the California constitution.
Nowhere is privacy more sacred than in the comfort of a
person's home. As Justice Scalia noted in Kyllo v. United
States, when speaking about the home, 'all details are
intimate details, because the entire area is held safe from
prying government eyes.' People's intimate details must be
kept safe from the prying eyes of corporations as well."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
AB 1116
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