Bill Text: CA SB741 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Mobile communications: privacy.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 659, Statutes of 2015. [SB741 Detail]

Download: California-2015-SB741-Introduced.html

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BILL NUMBER: SB 741	INTRODUCED
	BILL TEXT


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:

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

      Article 11.  Cellular Communications Interception


   53166.  (a) For purposes of this article, the following terms have
the following meanings:
   (1) "Cellular communications interception technology" means any
device that intercepts mobile telephony calling information or
content, including an international mobile subscriber identity
catcher or other virtual base transceiver station that masquerades as
a cellular station and logs mobile telephony calling information.
   (2) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state, and includes every county
sheriff and city police department.
   (b) No local agency may acquire or use cellular communications
interception technology unless approved by its legislative body by
adoption of a resolution or ordinance authorizing that acquisition or
use.
   (c) The legislative body of a local agency shall not approve a
resolution or ordinance authorizing the acquisition or use of
cellular communications interception technology, unless the
resolution or ordinance is adopted at a regularly scheduled public
meeting of the legislative body at which members of the public are
afforded a reasonable opportunity to comment upon the proposed
resolution or ordinance. The resolution or ordinance shall set forth
the policies of the local agency as to the circumstances when
cellular communications interception technology may be employed, and
usage and privacy policies, which shall include, but need not be
limited to, how data obtained through use of the technology is to be
used, protected from unauthorized disclosure, and disposed of once it
is no longer needed.
   (d) If the local agency maintains an Internet Web site, the
cellular communications interception technology usage and privacy
policies shall be posted conspicuously on that site.