Bill Text: CA AB1950 | 2017-2018 | Regular Session | Amended
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
Amended
IN
Assembly
April 19, 2018 |
Amended
IN
Assembly
February 28, 2018 |
Assembly Bill | No. 1950 |
Introduced by Assembly Member Levine |
January 29, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
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 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: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 22575 of the Business and Professions Code is amended to read:22575.
(a) An operator of a commercial 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 Web site or online service shall conspicuously post its privacy policy on its Web site, or in the case of an operator of an online service, make that policy available in accordance with paragraph (5) of subdivision (b) of Section 22577. An operator shall be in violation of this subdivision only if the operator fails to post its policy within 30 days after being notified of noncompliance.(7)
(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 that are
placed by bots instead of through direct contact and negotiation with natural persons.
(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.
(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.