Senate BillNo. 741


Introduced by Senator Hill

February 27, 2015


An act to add Article 11 (commencing with Section 53166) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, relating to communications.

LEGISLATIVE COUNSEL’S DIGEST

SB 741, as introduced, Hill. Mobile communications: privacy.

Existing law makes it a crime to manufacture, assemble, sell, advertise for sale, possess, transport, import, or furnish to another an device that is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device that is primarily or exclusively designed or intended for the unauthorized interception of reception of communications between a cellular radio telephone, as defined, and a landline telephone or other cellular radio telephone. Existing law additionally makes it a crime to purchase, sell, offer to purchase or sell, or conspire to purchase or sell, any telephone calling pattern record or list, without the written consent of the subscriber, or to procure, obtain, attempt to obtain, or conspire to obtain, any calling pattern record or list through fraud or deceit. Existing law contains certain exemptions from these crimes for law enforcement agencies.

This bill would prohibit a local agency from acquiring or using cellular communications interception technology, as defined, unless that acquisition or use is approved by a resolution or ordinance adopted by its legislature body at a regularly scheduled public meeting of the legislative body at which members of the public are afforded a reasonable opportunity to comment. The bill would require that the resolution or ordinance set forth the policies of the local agency as to authorized uses of cellular communications interception technology, and as to the use, protection from unauthorized disclosure, and disposal of data obtained through that technology. If the local agency maintains an Internet Web site, the bill would require the agency to conspicuously post these usage and privacy policies on that site.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Article 11 (commencing with Section 53166) is
2added to Chapter 1 of Part 1 of Division 2 of Title 5 of the 3Government Code, to read:

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5Article 11.  Cellular Communications Interception
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53166.  

(a) For purposes of this article, the following terms
8have the following meanings:

9(1) “Cellular communications interception technology” means
10any device that intercepts mobile telephony calling information
11or content, including an international mobile subscriber identity
12catcher or other virtual base transceiver station that masquerades
13as a cellular station and logs mobile telephony calling information.

14(2) “Local agency” means any city, county, city and county,
15special district, authority, community redevelopment agency, or
16other political subdivision of the state, and includes every county
17sheriff and city police department.

18(b) No local agency may acquire or use cellular communications
19interception technology unless approved by its legislative body by
20adoption of a resolution or ordinance authorizing that acquisition
21or use.

22(c) The legislative body of a local agency shall not approve a
23resolution or ordinance authorizing the acquisition or use of cellular
24communications interception technology, unless the resolution or
25ordinance is adopted at a regularly scheduled public meeting of
26the legislative body at which members of the public are afforded
27a reasonable opportunity to comment upon the proposed resolution
28or ordinance. The resolution or ordinance shall set forth the policies
29of the local agency as to the circumstances when cellular
30communications interception technology may be employed, and
31usage and privacy policies, which shall include, but need not be
P3    1limited to, how data obtained through use of the technology is to
2be used, protected from unauthorized disclosure, and disposed of
3once it is no longer needed.

4(d) If the local agency maintains an Internet Web site, the
5cellular communications interception technology usage and privacy
6policies shall be posted conspicuously on that site.



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