BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1361|
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THIRD READING
Bill No: SB 1361
Author: Corbett (D)
Amended: 4/19/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-0, 4/13/10
AYES: Corbett, Hancock, Leno
NO VOTE RECORDED: Harman, Walters
SUBJECT : Social networking Internet Web sites: privacy:
minors
SOURCE : Author
DIGEST : This bill prohibits a social networking Internet
Web site from displaying the home address or telephone
number, in specified text fields, of registered user who
identifies himself/herself as under 18 years of age. This
bill provides that a site that willfully and knowingly
violates the prohibition is subject to a civil penalty, not
to exceed $10,000 for each violation.
ANALYSIS : Existing law provides that, among other
rights, all people have an inalienable right to pursue and
obtain privacy. (Cal. Const., art. I, Sec. 1.)
Existing case law permits a person to bring an action in
tort for an invasion of privacy and provides that in order
to state a claim for violation of the constitutional right
to privacy, a plaintiff must establish the following three
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elements: (1) a legally protected privacy interest; (2) a
reasonable expectation of privacy in the circumstances; and
(3) conduct by the defendant that constitutes a serious
invasion of privacy. ( Hill v. National Collegiate Athletic
Assn. (1994) 7 Cal.4th 1.) Existing law recognizes four
types of activities considered to be an invasion of
privacy, giving rise to civil liability including the
public disclosure of private facts. (Id.)
Existing case law provides that there is no reasonable
expectation of privacy in information posted on an Internet
Web site. The information is no longer a "private fact"
that can be protected from public disclosure. ( Moreno v.
Hanford Sentinel (2009) 172 Cal.App.4th 1125.)
This bill prohibits a social networking Internet Web site
from displaying to the public or other registered users the
home address or telephone number of a registered user who
identifies himself or herself as being under 18 years of
age.
This bill specifies that provisions of this bill only apply
to designated text fields for the registered user's home
address or telephone number.
This bill provides that a social networking Internet Web
site that willfully and knowingly violates the above
prohibition is liable for a civil penalty of up to $10,000
for each violation.
This bill defines "registered user" and "social networking
Internet Web site".
Prior Legislation
AB 632 (Davis), of 09, would have required a social
networking Internet Web site to provide a disclosure to
users that an image which is uploaded onto the Web site is
capable of being copied, without consent, by persons who
view the image, or copied in violation of the privacy
policy, terms of use, or other policy of the site. Passed
the Senate Floor 25-13, on 8/27/09. This bill was vetoed.
In his veto message the Governor writes:
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"This measure would require "social networking"
Internet Web sites to post disclosures informing users
that photographs could be copied by persons who view
the image. This measure is unnecessary. Many websites
that allow users to up load content already provide
disclaimers concerning the use of the content. In
addition, it is common knowledge that digital images
can be copied, saved, and manipulated by anyone who
views them."
ACR 106 (Nava), of 2008, would have urged user-generated
content Web sites to work with the Safety Technical Task
Force and law enforcement to reduce the use of those Web
sites for purposes of criminal behavior. This resolution
died on the Assembly Floor.
SB 1740 (Murray), of 2006, would have required the
California Department of Education to develop and maintain
internet safety guidelines for use by local education
agencies. This bill was vetoed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/19/10)
California Stat Sheriffs' Association
California State Parents Teachers Association
California Teachers Association
Child Abuse Prevention Center
Crime Victims United of California
Marc Klass
Peace Officer Research Association of California
Privacy Rights Clearinghouse
ARGUMENTS IN SUPPORT : According to the author's office,
certain social networking Web sites have fields on a
registered user's public profile where the registered user
can post personal contact information including home
address, telephone number and email address. On certain
social networking Web sites this ability extends to minors
under the age of 18. If a person presents themselves as a
minor when registering to create a profile on a social
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networking site, this bill stipulates that the social
networking site can not make the address or telephone
number web fields available for display on the minor's
profile.
This bill protects minors who publicly post their personal
contact information without understanding the dangerous
consequences of this activity. The public availability of
a minor's home address and telephone number makes them
susceptible to identity theft, sexual predators and misuse
of their personal information.
The author's office notes that the included penalty only
applies to those Web sites that "willfully and knowingly"
violate the prohibition, thus, the penalty would not apply
to Web sites in cases where the user misrepresents his or
her age to the site.
Privacy Rights Clearinghouse supports this bill and states,
"A disturbing study by the Polly Klass foundation found
that 56 percent of teenagers said they have been asked
personal questions online. One in ten tweens (ages 8-12)
say they communicate with people they do not know online."
California State Sheriffs' Association supports this bill
and notes that this bill "is a practical step to protect
our children from potential online predators."
RJG:do 4/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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