SB 50

Bill Subjects

Connected Devices Device Protection Requests

Abstract

Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would require an account manager, as defined, to terminate or disable a connected device or account access to a perpetrator, as defined, commencing no later than 2 days after a device protection request is submitted to the account manager by a survivor of that perpetrator. The bill would specify the requirements for a survivor to submit a device protection request and would impose certain requirements on an account manager regarding the process for submitting a request. By providing that a survivor may include a copy of a signed affidavit to submit a device protection request, and thus expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would require the account manager to notify the survivor of specified information and require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device as described in the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.