Internet-based social networking: privacy.
Summary
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 to provide a specified disclosure to a user, as defined, of the site stating that an image which is uploaded onto the social networking Internet Web site 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 site.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2009
Committee Review
Jul 2009
Assembly Passage
May 2009
Senate Passage
Aug 2009
Vetoed
Oct 2009
Introduced Feb 25, 2009
Vetoed Oct 26, 2009
Floor votes · Senate Aug 27, 2009 · Assembly May 21, 2009
How they voted
25–12
Passed · 2 other
Total votes 39
Aug 27, 2009
D
Democratic25
88% Yea
R
Republican14
78% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
11
Committee
10
Amendments
6
Jan 14, 2010
Vetoed
Consideration of Governor's veto stricken from file.
lower
Oct 26, 2009
Vetoed
Consideration of Governor's veto pending.
lower
Oct 11, 2009
Vetoed
Vetoed by Governor.
lower
Aug 31, 2009
Lower · Passed
Senate amendments concurred in. To enrollment. (Ayes 49. Noes 27. Page 2822.)
lower
Aug 27, 2009
Senate · Passed
Senate Vote: pass (25-12-2)
senate
Aug 27, 2009
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
lower
Jul 8, 2009
Upper · Passed
From committee: Do pass. (Ayes 4. Noes 1.) (July 7).
upper
Jul 1, 2009
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 29, 2009
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 22, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 15, 2009
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 4, 2009
Committee
Referred to Com. on JUD.
upper
May 21, 2009
Assembly · Passed
Assembly Vote: pass (39-26-5)
assembly
May 12, 2009
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 11, 2009
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 3.) (May 5).
lower
Apr 27, 2009
Committee
Re-referred to Com. on JUD.
lower
Apr 23, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Apr 21, 2009
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 31, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 3.) (March 31).
lower
Mar 23, 2009
Committee
Referred to Coms. on A.,E.,S.,T., & I.M. and JUD.
lower
Feb 26, 2009
Lower · Passed
From printer. May be heard in committee March 28.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
MD
Mike Davis
DDemocratic
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