California 2017 2017-2018 Regular Session

California Assembly Bill AB1906 Amended / Bill

Filed 05/09/2018

                    Amended IN  Assembly  May 09, 2018 Amended IN  Assembly  April 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1906Introduced by Assembly Member IrwinJanuary 22, 2018 An act to add Chapter 36 (commencing with Section 22948.30) to Division 8 of the Business and Professions Code, relating to business regulations. LEGISLATIVE COUNSEL'S DIGESTAB 1906, as amended, Irwin. Business regulations: information privacy: connected devices: security features.Existing law requires a device that includes an integrated and enabled wireless access point and that is sold as new in California for use in a small office, home office, or residential setting to be manufactured to include certain security warnings or advisories about protection against unauthorized access. Existing law also prohibits a person or entity from providing for the operation of a voice recognition feature in California without prominently informing, during initial setup or installation of a connected television, either the user or person designated by the user to perform the initial setup or installation of the connected television.This bill bill, beginning January 1, 2020, would require a manufacturer that sells or offers to sell a connected device in California to equip the connected device, as defined, with a reasonable security feature or features features, appropriate to the nature and function of the device that is device, designed to protect the device from unauthorized remote access or use. The bill would provide that equipping a connected device with a means for authentication outside a local area network is deemed a reasonable security feature, if the preprogrammed password is unique to each device manufactured or the device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 36 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 36. Internet of Things Botnet Prevention Act22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.

 Amended IN  Assembly  May 09, 2018 Amended IN  Assembly  April 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1906Introduced by Assembly Member IrwinJanuary 22, 2018 An act to add Chapter 36 (commencing with Section 22948.30) to Division 8 of the Business and Professions Code, relating to business regulations. LEGISLATIVE COUNSEL'S DIGESTAB 1906, as amended, Irwin. Business regulations: information privacy: connected devices: security features.Existing law requires a device that includes an integrated and enabled wireless access point and that is sold as new in California for use in a small office, home office, or residential setting to be manufactured to include certain security warnings or advisories about protection against unauthorized access. Existing law also prohibits a person or entity from providing for the operation of a voice recognition feature in California without prominently informing, during initial setup or installation of a connected television, either the user or person designated by the user to perform the initial setup or installation of the connected television.This bill bill, beginning January 1, 2020, would require a manufacturer that sells or offers to sell a connected device in California to equip the connected device, as defined, with a reasonable security feature or features features, appropriate to the nature and function of the device that is device, designed to protect the device from unauthorized remote access or use. The bill would provide that equipping a connected device with a means for authentication outside a local area network is deemed a reasonable security feature, if the preprogrammed password is unique to each device manufactured or the device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  May 09, 2018 Amended IN  Assembly  April 23, 2018

Amended IN  Assembly  May 09, 2018
Amended IN  Assembly  April 23, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1906

Introduced by Assembly Member IrwinJanuary 22, 2018

Introduced by Assembly Member Irwin
January 22, 2018

 An act to add Chapter 36 (commencing with Section 22948.30) to Division 8 of the Business and Professions Code, relating to business regulations. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1906, as amended, Irwin. Business regulations: information privacy: connected devices: security features.

Existing law requires a device that includes an integrated and enabled wireless access point and that is sold as new in California for use in a small office, home office, or residential setting to be manufactured to include certain security warnings or advisories about protection against unauthorized access. Existing law also prohibits a person or entity from providing for the operation of a voice recognition feature in California without prominently informing, during initial setup or installation of a connected television, either the user or person designated by the user to perform the initial setup or installation of the connected television.This bill bill, beginning January 1, 2020, would require a manufacturer that sells or offers to sell a connected device in California to equip the connected device, as defined, with a reasonable security feature or features features, appropriate to the nature and function of the device that is device, designed to protect the device from unauthorized remote access or use. The bill would provide that equipping a connected device with a means for authentication outside a local area network is deemed a reasonable security feature, if the preprogrammed password is unique to each device manufactured or the device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.

Existing law requires a device that includes an integrated and enabled wireless access point and that is sold as new in California for use in a small office, home office, or residential setting to be manufactured to include certain security warnings or advisories about protection against unauthorized access. Existing law also prohibits a person or entity from providing for the operation of a voice recognition feature in California without prominently informing, during initial setup or installation of a connected television, either the user or person designated by the user to perform the initial setup or installation of the connected television.

This bill bill, beginning January 1, 2020, would require a manufacturer that sells or offers to sell a connected device in California to equip the connected device, as defined, with a reasonable security feature or features features, appropriate to the nature and function of the device that is device, designed to protect the device from unauthorized remote access or use. The bill would provide that equipping a connected device with a means for authentication outside a local area network is deemed a reasonable security feature, if the preprogrammed password is unique to each device manufactured or the device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 36 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 36. Internet of Things Botnet Prevention Act22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Chapter 36 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 36. Internet of Things Botnet Prevention Act22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.

SECTION 1. Chapter 36 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read:

### SECTION 1.

 CHAPTER 36. Internet of Things Botnet Prevention Act22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.

 CHAPTER 36. Internet of Things Botnet Prevention Act22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.

 CHAPTER 36. Internet of Things Botnet Prevention Act

 CHAPTER 36. Internet of Things Botnet Prevention Act

22948.30. For purposes of this chapter:(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.(d) Security feature means a feature of a device designed to provide security for that device.



22948.30. For purposes of this chapter:

(a) Authentication means a method of verifying the authority of a user, process, or device to access resources in an information system.

(b) Connected device means any device, sensor, or other physical object that is capable of connecting to the Internet, directly or indirectly, or to another connected device. or other physical object that is capable of connecting to the Internet, directly or through a device, and that is assigned an Internet Protocol address.

(c) Manufacturer means the person who (1) physically manufactures, and (2) sells or offers to sell a connected device in California.

(d) Security feature means a feature of a device designed to provide security for that device.

22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:(1) The preprogrammed password is unique to each device manufactured.(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.(e) This chapter shall not be construed to provide a basis for a private right of action.(f) This chapter shall become operative on January 1, 2020.



22948.31. (a) A manufacturer shall equip the connected device with a reasonable security feature or features features, appropriate to the nature or and function of the device that is device, designed to protect the device from unauthorized remote access or use.

(b) Equipping a connected device with a means for authentication outside a local area network shall be deemed a reasonable security feature under subdivision (a) if either:

(1) The preprogrammed password is unique to each device manufactured.

(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.

(c) This chapter shall not be construed to impose any duty upon the manufacturer of a connected device related to unauthorized software or applications that violate the terms of use of a connected device.

(d) This chapter shall not apply to any connected device whose functionality is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.

(e) This chapter shall not be construed to provide a basis for a private right of action.

(f) This chapter shall become operative on January 1, 2020.