| 1 | | - | Senate Bill No. 1001 CHAPTER 892 An act to add Chapter 6 (commencing with Section 17940) to Part 3 of Division 7 of the Business and Professions Code, relating to bots. [ Approved by Governor September 28, 2018. Filed with Secretary of State September 28, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1001, Hertzberg. Bots: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 1 | + | Enrolled September 06, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 24, 2018 Amended IN Assembly June 21, 2018 Amended IN Senate May 25, 2018 Amended IN Senate April 26, 2018 Amended IN Senate March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1001Introduced by Senator Hertzberg(Coauthors: Assembly Members Chu and Friedman)February 05, 2018 An act to add Chapter 6 (commencing with Section 17940) to Part 3 of Division 7 of the Business and Professions Code, relating to bots.LEGISLATIVE COUNSEL'S DIGESTSB 1001, Hertzberg. Bots: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 3 | | - | Senate Bill No. 1001 CHAPTER 892 An act to add Chapter 6 (commencing with Section 17940) to Part 3 of Division 7 of the Business and Professions Code, relating to bots. [ Approved by Governor September 28, 2018. Filed with Secretary of State September 28, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1001, Hertzberg. Bots: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Enrolled September 06, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 24, 2018 Amended IN Assembly June 21, 2018 Amended IN Senate May 25, 2018 Amended IN Senate April 26, 2018 Amended IN Senate March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1001Introduced by Senator Hertzberg(Coauthors: Assembly Members Chu and Friedman)February 05, 2018 An act to add Chapter 6 (commencing with Section 17940) to Part 3 of Division 7 of the Business and Professions Code, relating to bots.LEGISLATIVE COUNSEL'S DIGESTSB 1001, Hertzberg. Bots: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 4 | + | |
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| 5 | + | Enrolled September 06, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 24, 2018 Amended IN Assembly June 21, 2018 Amended IN Senate May 25, 2018 Amended IN Senate April 26, 2018 Amended IN Senate March 14, 2018 |
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| 6 | + | |
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| 7 | + | Enrolled September 06, 2018 |
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| 8 | + | Passed IN Senate August 31, 2018 |
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| 9 | + | Passed IN Assembly August 30, 2018 |
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| 10 | + | Amended IN Assembly August 24, 2018 |
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| 11 | + | Amended IN Assembly June 21, 2018 |
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| 12 | + | Amended IN Senate May 25, 2018 |
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| 13 | + | Amended IN Senate April 26, 2018 |
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| 14 | + | Amended IN Senate March 14, 2018 |
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| 15 | + | |
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| 16 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 26 | | |
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| 12 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 28 | | |
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| 14 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 30 | | |
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| 16 | 31 | | SB 1001, Hertzberg. Bots: disclosure. |
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| 17 | 32 | | |
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| 18 | 33 | | Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019. |
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| 19 | 34 | | |
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| 20 | 35 | | Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. |
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| 21 | 36 | | |
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| 22 | 37 | | This bill would, with certain exceptions, make it unlawful for any person to use a bot to communicate or interact with another person in California online with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. The bill would define various terms for these purposes. The bill would make these provisions operative on July 1, 2019. |
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| 23 | 38 | | |
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| 24 | 39 | | ## Digest Key |
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| 25 | 40 | | |
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| 26 | 41 | | ## Bill Text |
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| 27 | 42 | | |
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| 28 | 43 | | The people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 29 | 44 | | |
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| 30 | 45 | | The people of the State of California do enact as follows: |
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| 31 | 46 | | |
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| 32 | 47 | | ## The people of the State of California do enact as follows: |
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| 33 | 48 | | |
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| 34 | 49 | | SECTION 1. Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 35 | 50 | | |
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| 36 | 51 | | SECTION 1. Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read: |
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| 37 | 52 | | |
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| 38 | 53 | | ### SECTION 1. |
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| 39 | 54 | | |
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| 40 | 55 | | CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 41 | 56 | | |
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| 42 | 57 | | CHAPTER 6. Bots17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.17943. This chapter shall become operative on July 1, 2019. |
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| 43 | 58 | | |
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| 44 | 59 | | CHAPTER 6. Bots |
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| 45 | 60 | | |
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| 46 | 61 | | CHAPTER 6. Bots |
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| 47 | 62 | | |
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| 48 | 63 | | 17940. For purposes of this chapter:(a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.(b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.(c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. |
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| 49 | 64 | | |
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| 50 | 65 | | |
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| 51 | 66 | | |
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| 52 | 67 | | 17940. For purposes of this chapter: |
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| 53 | 68 | | |
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| 54 | 69 | | (a) Bot means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. |
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| 55 | 70 | | |
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| 56 | 71 | | (b) Online means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication. |
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| 57 | 72 | | |
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| 58 | 73 | | (c) Online platform means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. |
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| 59 | 74 | | |
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| 60 | 75 | | (d) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. |
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| 61 | 76 | | |
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| 62 | 77 | | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. |
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| 63 | 78 | | |
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| 64 | 79 | | |
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| 65 | 80 | | |
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| 66 | 81 | | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot. |
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| 67 | 82 | | |
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| 68 | 83 | | (b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. |
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| 69 | 84 | | |
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| 70 | 85 | | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. |
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| 71 | 86 | | |
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| 72 | 87 | | |
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| 73 | 88 | | |
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| 74 | 89 | | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law. |
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| 75 | 90 | | |
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| 76 | 91 | | (b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 77 | 92 | | |
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| 78 | 93 | | (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. |
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| 79 | 94 | | |
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| 80 | 95 | | 17943. This chapter shall become operative on July 1, 2019. |
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| 81 | 96 | | |
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| 82 | 97 | | |
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| 83 | 98 | | |
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| 84 | 99 | | 17943. This chapter shall become operative on July 1, 2019. |
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