California Assembly Bill AB632 Amended / Bill

 BILL NUMBER: AB 632AMENDED BILL TEXT AMENDED IN SENATE JUNE 22, 2009 AMENDED IN ASSEMBLY MAY 12, 2009 AMENDED IN ASSEMBLY APRIL 23, 2009 INTRODUCED BY Assembly Member Davis FEBRUARY 25, 2009 An act to add Section 1708.9 to the Civil Code, relating to privacy. LEGISLATIVE COUNSEL'S DIGEST AB 632, as amended, Davis. Internet-based social networking: privacy. Existing law provides that a person is liable for constructive invasion of privacy when he or she attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of another person engaging in a personal or familial activity under circumstances in which that other person had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. This bill would require a social networking Internet Web site  , as defined,  to provide a specified disclosure to a user, as defined, of the site stating that  images   an image which is  uploaded onto the social networking Internet Web site  may be   is capable of being  copied  with out   by persons who view the image without  the consent of the user who  uploaded   initially uploads  the image  , or copied in violation of the privacy policy, terms of use, or other policy of the 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. Section 1708.9 is added to the Civil Code, to read: 1708.9. (a) A social networking Internet Web site shall provide a disclosure  in at least one location, including, but not limited to, in the privacy policy, in the terms of use, or on the upload page,  to users of the social networking Internet Web site that an image, including, but not limited to, a photograph, which is uploaded onto the social networking Internet Web site  may be   is capable of being  copied by persons who view the image without the consent of the user who initially uploads the image  or copied in violation   of the privacy policy, terms of use, or other policy of the social networking site  .  (b) (1) For purposes of this section, "social networking Internet Web site" means a service that allows individuals to construct a public or semipublic profile within a bounded system, articulate a list of other users with whom they share an Internet Web site connection, and view and traverse their list of connections and those made by others within the system.   (2)   (b)   For purposes of this section, "user" means a person registered with the social networking Internet Web site as a member, and the parent or guardian of the user if the user is registered as a minor.