Bill Text: CA SB1361 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Social networking Internet Web sites: privacy: minors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-28 - Set, first hearing. Failed passage in committee. Reconsideration granted. [SB1361 Detail]

Download: California-2009-SB1361-Introduced.html

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BILL NUMBER: SB 1361	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 19, 2010

   An act to add Part 2.7 (commencing with Section 60) to Division 1
of the Civil Code, relating to privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1361, as introduced, Corbett. Social networking Internet Web
sites: privacy: minors.
   Existing law requires an operator of a commercial Internet Web
site or online service that collects personally identifiable
information through the Internet about individual consumers residing
in California who use or visit its commercial Internet Web site or
online service to conspicuously post its privacy policy on its
Internet Web site. Existing law also prescribes various prohibitions
with regard to disclosures of personal information related to, among
other things, driver's licenses, social security numbers, and direct
marketing.
   This bill would prohibit a social networking Internet Web site, as
defined, from displaying the home address or telephone number of a
registered user of that Internet Web site who is under 18 years of
age. This bill would impose a civil penalty, not to exceed $10,000,
for each willful and knowing violation of this prohibition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Part 2.7 (commencing with Section 60) is added to
Division 1 of the Civil Code, to read:

      PART 2.7.  SOCIAL NETWORKING PRIVACY ACT


   60.  A social networking Internet Web site shall not display the
home address or telephone number of a registered user who is under 18
years of age.
   64.  For purposes of this part:
   (a) "Social networking Internet Web site" means any business,
organization, or other entity that provides or offers a service
through the Internet that permits a registered user to access, meet,
congregate, or communicate with other registered users for social
networking purposes. "Social networking Internet Web site" does not
include a business, organization, or other entity that only provides
electronic mail service.
   (b) "Registered user" means any person who has created an account
for purposes of accessing a social networking Internet Web site.
   65.  A social networking Internet Web site that willfully and
knowingly violates any provision of this part shall be liable for a
civil penalty, not to exceed ten thousand dollars ($10,000) for each
violation of this part.