Bill Text: CA AB1950 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Consumers: Internet privacy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-06-12 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1950 Detail]

Download: California-2017-AB1950-Amended.html

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Amended  IN  Assembly  February 28, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1950

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Introduced by Assembly Member Levine

January 29, 2018

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An act to add Article 10 (commencing with Section 17610) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, and to add Part 5.6 (commencing with Section 7110) to Division 4 of the Civil Code, relating to advertising. Internet Web sites.

LEGISLATIVE COUNSEL'S DIGEST

AB 1950, as amended, Levine. Advertising: Internet Web sites: social media. media: advertising: accounts.

Existing law prohibits a person, firm, corporation or association, or any employee thereof, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services, which services that is untrue or misleading, as specified.

This bill would prohibit an operator of a social media Internet Web site with a physical presence in California from engaging in the sale of advertising with a computer software account or user that performs an automated task, and that is not verified by the operator as being controlled by a natural person. The bill would require an operator of a social media Internet Web site with a physical presence in California to verify whether an account or profile it hosts on its Internet Web site is being controlled by a computer software account or user that performs an automated task, and if so, to prominently indicate that to users of its site. The bill would require an operator of a social media Internet Web site with a physical presence in California to require an account or profile it hosts on its Internet Web site that it identifies as being controlled by a computer software account or user that performs an automated task to be linked to a natural person.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 (a) The Legislature hereby finds and declares that hackers and others now have the ability to sell advertisements on Web sites using computer programs called “bots” that can mimic human behavior to make it appear as though real people are visiting the Web sites and clicking on advertisements.

(b) It is the intent of the Legislature to establish new standards to detect and prevent fraudulent or deceptive advertisements, which advertisements that are placed by bots instead of through direct contact and negotiation with natural persons.

SEC. 2.

 Article 10 (commencing with Section 17610) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read:

Article  10. Internet Advertising

17610.

 (a) An operator of a social media Internet Web site with a physical presence in California shall not engage in the sale of advertising with a computer software account or user that performs an automated task, and that is not verified by the operator as being controlled by a natural person.

(b) As used in this section, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.

SEC. 3.

 Part 5.6 (commencing with Section 7110) is added to Division 4 of the Civil Code, to read:

PART 5.6. Social Media Internet Web Sites

7110.

 (a) As used in this section, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.

(b) An operator of a social media Internet Web site with a physical presence in California shall verify whether an account or profile it hosts on its Internet Web site is being controlled by a computer software account or user that performs an automated task, and if so, prominently indicate that to users of its Internet Web site.

(c) An operator of a social media Internet Web site with a physical presence in California shall require an account or profile it hosts on its Internet Web site that the operator identifies, pursuant to subdivision (a), to be controlled by a computer software account or user that performs an automated task to be linked to a natural person.