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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE MAY 2, 2011

INTRODUCED BY Senator Corbett

FEBRUARY 9, 2011

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 242, as amended, 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 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 in a designated text field, to the public
or other registered users, the home address or telephone number of a
registered user of that Internet Web site who identifies
himself or herself as being under 18 years of age

without consent, as defined. The bill would require a social
networking Internet Web site to establish a process for new users to
set their privacy settings as part of the registration process that
explains privacy options in plain language, and to make privacy
settings available in an easy-to-use format. The bill would require a
social networking Internet Web site to remove the personal
identifying information, as defined, of any registered user, and
would require removal of that information regarding a user under 18
years of age upon request by the user's parent, within 48 hours upon
his or her request
. This bill would impose a civil penalty,
not to exceed $10,000, for each willful and knowing violation of
this prohibition these provisions .
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) A social networking Internet Web site shall not
establish a default privacy setting for registered
users of the site that prohibits the
display, 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.
of any information about a
registered user, other than the user's name and city of residence,
without the
agreement of the user.
(b) A social networking Internet Web site shall establish a
process for new users to set their privacy settings as part of the
registration process that explains privacy options in plain language.
The Internet Web site shall not complete the process of registering
a new user until privacy settings are selected by the user. The
Internet Web site shall make privacy settings available to all users
of the Internet Web site in a conspicuous place and an easy-to-use
format that allows the user to adjust his or her privacy setting.

(c) A social networking Internet Web site shall remove the
personal identifying information of a registered user in a timely
manner upon his or her request. In the case of a registered user who
identifies himself or herself as being under 18 years of age, the
social networking Internet Web site shall also remove the information
upon the request of a parent of the registered user.

(b)

(d) The provisions of subdivision (a) shall only apply
to a text field specifically designated to display the registered
user's home address or telephone number.
64. 62. For purposes of this part:

(a) "In a timely manner" means within 48 hours of delivery of the
request.

(b) "Personal identifying information" means a person's name,
address, telephone number, driver's license number, social security
number, place of employment, employee identification number, mother's
maiden name, demand deposit account number, savings account number,
or credit card number. "Personal identifying information" also means
information about a person's current location, including global
positioning system coordinates, in different types of media,
including photographs and videos, transmitted to, or over, the
Internet.

(c) "Plain language" means a clear explanation, written in easy to
understand terms that achieves a minimum Flesch Reading Ease score
of 70, as that calculation is described in paragraph (7) of
subdivision (a) of Section 2689.4 of Title 10 of the California Code
of Regulations, in effect on March 24, 2003, regarding the people and
entities that will be able to view the information, to allow those
persons or entities to view his or her information.

(d) "Privacy setting" means the ability of the user to restrict
information about himself or herself that is available from the
Internet Web site.

(e) "Registered user" means any person who has created an account
for purposes of accessing a social networking Internet Web site.

(a)

(f) "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.
an Internet Web-based service that allows an
individual to construct a public or partly public profile within a
bounded system, articulate a list of other users with whom the
individual shares a connection, and view and traverse his or her list
of connections and those made by others in the system.

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.