Bill Text: CA SB1000 | 2023-2024 | Regular Session | Amended
Bill Title: Connected devices: access: abusers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-14 - Set for hearing May 16. [SB1000 Detail]
Download: California-2023-SB1000-Amended.html
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Amended
IN
Senate
April 25, 2024 |
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Amended
IN
Senate
March 13, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1000
| Introduced by Senators Ashby and Rubio |
February 01, 2024 |
An act to add Chapter 35.5 (commencing with Section 22948.30) to Division 8 of the Business and Professions Code, and to amend Section 6320 of the Family Code, relating to connected devices.
LEGISLATIVE COUNSEL'S DIGEST
SB 1000, as amended, Ashby.
Connected devices: access: abusers.
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, commencing January 1, 2026, require an account manager, as defined, to deny an abuser, as
defined, access to a connected device commencing no later than 2 days after a device protection request is submitted to the account manager by a victim of that abuser, and would set forth the requirements for a victim to submit a device protection request and the requirements that an account manager make the request available. By providing that a victim 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 victim of specified information and require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a victim 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, or a district attorney, against an account manager or abuser, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) According to the National Domestic Violence Hotline, almost one-half of all women and men in the United States have experienced psychological aggression by an intimate partner in their lifetime.
(b) According to the National Network to End Domestic Violence, 71 percent of domestic abusers monitor survivors’ device
activities, and 63 percent of survivors receiving services from domestic violence programs reported tech-based abuse.
(c) An increase in the use of technology has become a concerning tool in cases of domestic violence and harassment. Perpetrators leverage smartphone applications to remotely control everyday objects to exercise control over, monitor, and abuse their victims.
(d) Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life-threatening issues and have lasting and harmful effects on individuals, families, and entire communities.
(e) Survivors often lack meaningful support and options when establishing independence from an abuser, including barriers
such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family, social safety networks, employers, and support services.
(f) Laws related to the use of technology can play a public interest role in the promotion of safety, life, and property with respect to these types of violence and abuse. Independent access to devices can assist survivors in establishing security and autonomy.
(g) Safeguards within tech-based services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse.
SEC. 2.
Chapter 35.5 (commencing with Section 22948.30) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 35.5. Connected Devices
22948.30.
For purposes of this chapter, the following definitions apply:(a) “Abuser” means an individual who has committed or allegedly committed a covered act against a victim or an individual in the victim’s care.
(b) “Account manager” means a person or entity that provides an individual an internet-based or app-based user account, or a third party that manages those user accounts on behalf of that person or entity, that has authority to make decisions regarding user access to those user accounts.
(c) “Connected device” means any device, or other physical object
that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or Bluetooth address.
(d) (1) “Covered act” means conduct that constitutes any of the following:
(A) A crime described in Chapter 8 (commencing with Section 236) of Title 8 of Part 1 of the Penal Code.
(B) A crime described in Chapter 1 (commencing with Section 261), Chapter 2 (commencing with Section 270), Chapter 2.5 (commencing with Section 273.8), Chapter 4 (commencing with Section 277), Chapter 5 (commencing with Section 281), Chapter 5.5 (commencing with Section 290), Chapter 7.5 (commencing with Section 311), Chapter 7.6 (commencing
with Section 313), or Chapter 8 (commencing with Section 314) of Title 9 (commencing with Section 261) of Part 1 of the Penal Code.
(C) An act under federal law, tribal law, or the Uniform Code of Military Justice that is similar to an offense described in subparagraph (A) or (B).
(2) Nothing in paragraph (1) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.
(e) “Device access” means the ability to remotely control a connected device, remotely change the characteristics of a connected device, or remotely view or manipulate data collected
by or through a connected device, by accessing a user account or accounts associated with the connected device. Acts that require device access include, but are not limited to, remotely manipulating an audio system, security system, light fixture, or other home appliance or fixture and accessing camera or location data from a motor vehicle.
(f) “Victim” means an individual against whom a covered act has been committed or allegedly committed or who cares for another individual against whom a covered act has been committed or allegedly committed, provided that the individual providing care did not commit or allegedly commit the covered act.
22948.31.
(a) Commencing no later than two business days after receiving a device protection request from a victim pursuant to subdivision (b), an account manager shall deny device access to an abuser, as identified in the request.(b) In the case of a victim seeking to deny an abuser device access, the victim shall submit to the account manager a device protection request that includes both of the following:
(1) A verification that the abuser has committed or allegedly committed a covered act against the victim or an individual in the victim’s care, by providing either of the following:
(A) A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment.
(B) A copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act.
(2) Identification of the connected device or devices that the victim seeks to deny the abuser access to, and a statement that the connected
device or devices are at least one of the following:
(A) Solely owned by the victim or an individual in the victim’s care.
(B) Legally under the sole possession or control of the victim or an individual in the victim’s care.
(C) A fixture or feature within a dwelling or motor vehicle that the abuser may not legally enter or use.
(c) An account manager shall offer a victim the ability to submit a device protection request under subdivision (b) through secure remote means that are easily navigable. An account manager shall not require a specific form of documentation to submit a device protection request.
(d) An account manager shall make information about the options and process described in subdivision (b) publicly available on the internet website and mobile application, if applicable, of the account manager.
(e) An account manager shall notify the victim of both of the following:
(1) The date on which the account manager intends to give any formal notice to the abuser that has had their device access denied.
(2) That the account manager may contact the victim, or designated representative of the victim, to confirm that the abuser’s device access is denied, or to notify the victim that the device protection request is incomplete.
(f) An account
manager shall not condition a device protection request submitted in accordance with subdivision (b) upon any of the following:
(1) Payment of a fee, penalty, or other charge.
(2) Approval of the device protection request by any person who has device access that is not the victim.
(3) A prohibition or limitation on the ability to deny device access to an abuser as a result of arrears accrued by the account or associated with the connected device.
(4) An increase in the rate charged for the account if any subscription fee or other recurring charge for account access applies.
(5) Any other
limitation or requirement not listed under subdivision (b).
(g) (1) An account manager and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a victim under this section as confidential and securely dispose of the information not later than 90 days after receiving the information.
(2) Nothing in paragraph (1) shall be construed to prohibit an account manager from maintaining, for longer than the period specified in that paragraph, a record that verifies that a victim fulfilled the conditions of a device protection request under subdivision (b).
22948.32.
(a) (1) An account manager that fails to deny an abuser access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter.(2) An abuser that maintains or exercises device access, including by disturbing the peace of the other party as described in subdivision (c) of Section 6320 of the Family Code, despite having their device access denied pursuant to subdivision (a) of Section 22948.31, shall be deemed in violation of this chapter.
(b) (1) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought by any person injured by the violation or in the name of the people of the State of California by the Attorney General or by any district attorney.
(2) A court may enjoin a person or entity who knowingly engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(3) A person or entity who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected device in violation of this chapter. If
the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.
22948.33.
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.22948.34.
(a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law.(b) The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
22948.35.
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.22948.36.
This chapter shall become operative on January 1, 2026.SEC. 3.
Section 6320 of the Family Code is amended to read:6320.
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(c) As used in this subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct 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, including connected devices as defined in Section 22948.30 of the Business and Professions Code, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the
other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or
attempt to control, pregnancy outcomes.
(d) This section does not limit any remedies available under this act or any other provision of law.
