TO WELCOME ALL OF YOU TO THE
HEARING OF THE OUR PRIVACY AND
CONSUMER PROTECTION COMMITTEE.
OF APRIL THE THIRTIETH.
TWENTY NINETEEN FIRST OF ALL LET
ME.
HELLO THANK GOD MY COMMITTEE
SOUTH FOR THEIR WORK I
UNDERSTAND THAT FOR THE PAST
THREE FOUR WEEKS THEY'VE BEEN
AVERAGING ABOUT THE HUNDRED
HOURS.
PER WEEK OR PER -- FOOTBALL WEEK
PER PERSON SO I WANT TO THANK
HIM FOR THEIR WORK AND FOR DOING
THE ANALYSIS AND ALSO -- MAKING
SUGGESTIONS TO A MAKING THE
BILL'S BETTER SO THANK YOU VERY
MUCH.
WELL TODAY WE HAVE A TOTAL OF
FIFTEEN ITEMS ON THE AGENDA.
OF FIVE FOUR OF WHICH ARE ON
PROPOSED CONSENT.
AND UP.
AB ELEVEN THROUGH A SIXTY THREE
BY A MAN HAS BEEN PULLED FROM
THE AGENDA SO.
THAT'S ITEM NUMBER FOUR SO WITH
THAT LET'S GO TO OUR OUR FIRST
BILL AND THAT'S MISTER COOLEY --
ITEM -- NUMBER SIX A. B.
FOURTEEN SIXTEEN AND WE CAN
OPERATE AS A SUB COMMITTEE THANK
YOU VERY MUCH AND WELCOME MR
COOLEY.
VERY GOOD THANK YOU MISTER CHAIR
AND MEMBERS.
AS I OPEN ON AB.
FOURTEEN SIXTEEN I JUST WANT TO
ACKNOWLEDGE AND MISS SMITH AS
YOU ARRIVE.
OUR WHERE IN MY JOINT RULES HAD
I HAVE MEETINGS I'M CONVENE WITH.
ALL THREE BRANCHES OF GOVERNMENT.
IN A FEW MINUTES ACROSS THE
STREET SO I'M GONNA BE BRIEFED
ON MY BILL AND THEN I'LL NEED TO
LEAVE.
AND IT'S A TWO TO FIVE O'CLOCK
MEANS I'M BASICALLY TIED AFTER
MADE THE DAY.
OF SO -- I DO WANT.
TO SAY SO I'M I'M HERE TODAY 2%
AB FOURTEEN SIXTEEN RELAYED THE
GOVERNMENT ACCESS OF COLLECTED
PERSONAL DATA.
AND I DO WANT TO THANK YOUR
COMMITTEE STAFFS FOR THEIR
ASSISTANCE ON THIS BILL.
I WILL BE ACCEPTING THIS IS JUST
AMENDMENTS.
AS WELL AS AND IN A FOUR YEAR
SUNSET TO THE BILL.
AND I THINK THIS IS A GOOD
MOMENT TO EXPLAIN SORT OF MY
VIEW IS THIS BILL I'M ACTUALLY
VERY PLEASED TO BE BRINGING THIS
BILL. TO YOU TODAY.
I THINK THE BILL PLAYS A VERY
IMPORTANT ROLE IN OUR TRANSITION
TO A NEW PRIVACY STANDARD.
AND MY TAKE ON THE SUBJECT
MATTER THIS BILL COURSE I VIEW
THIS TO THE LENS OF BEING A
LAWYER.
AND SO MUCH OF MY CAREER HAS
INVOLVED DEALING WITH STATUTORY
MATTERS HERE IN CALIFORNIA.
GOING ON NOW MORE THAN FORTY
YEARS.
SO OFTEN TIMES I HEAR THESE
GOVERNMENT PROGRAMS I REMEMBER
THEM BEING ADOPTED.
MY BASIC VIEW OF WHAT WE HAVE
DONE AND PRIVACY IN CALIFORNIA.
IS A TRADITIONAL MARRIAGE
AMERICAN APPROACH TO PRIVACY AND
FOR THIS I AM INDEBTED TO MY
DAUGHTER IN LAW WHO'S A SUBJECT
MATTER EXPERT ON THIS.
WHO'S IN THE ROOM.
CATHERINE COOLEY --
TRADITIONALLY THE AMERICAN
APPROACH TO PRIVACY HAS BEEN
SECTOR BY SECTOR.
WE'VE GONE INTO A SECTOR
UNWRITTEN RULES FOR THE RULES OF
PRIVACY IN THAT SECTOR.
NOW WITH THE ADOPTION OF THAT
ARE CALIFORNIA PRIVACY ACT WE
HAVE DOCTOR MORE FOR EUROPEAN
STANDARD.
A MORE GLOBAL APPROACH TO
PRIVACY.
THIS REPRESENTS A GREAT
FUNDAMENTAL CHANGE IN HOW WE
APPROACH PRIVACY.
FROM A SECTOR BY SECTOR TAYLOR
RULES BY NICHE ECONOMY SECTORS
TOO MUCH MORE GLOBAL STANDARD.
MY CONCERN.
IS A WE HAVE A GREAT MANY
PROGRAMS AT THE STATE LEVEL THE
LOCAL LEVEL CITIES AND COUNTIES.
OR UNITS A GOVERNOR TASKED WITH
TRACKING DEAD BEAT DADS IN.
AND WATCHING HOW MEDICAL CARE
GETS DELIVERED AND MAINTAINING
AFFORDABILITY HEALTHCARE SYSTEM.
A WIDE ARRAY OF AREAS WHERE WE
RUN GOVERNOR PROGRAMS WE SHOULD
BE AFFECTED RELY UPON DATA AND
THE ACCESS TO DATA.
AND I HAVE A DEEP CONCERN THAT
AS WE MAKE THE JUMP WHICH IS THE
TRAINS LIKE TO STATION DO.
THE MOVE THE MORE GLOBAL
STANDARD.
THAT WE HAVE A LOT OF LEGACY
PROGRAMS ON THE BOOKS AND I AM
CONCERNED FOR HOW WE HARMONIZE.
THE ESTABLISHED PROGRAMS WITH
THE NEW STANDARD.
AND THE PURPOSE OF THIS BILL.
IS ABOUT FORCING NOW
HARMONIZATION.
I'VE I AM THANKFUL TO COMMITTEE
SUBS OF AMENDMENTS I THINK THEY
ARE COMPATIBLE THAT OBJECT.
BUT HONESTLY THE ADDITION OF A
SUNSET.
IS TO MAKE CLEAR THAT EVEN AT
THIS BILL SIGNED AND BY THE
GOVERNOR AS I WOULD EXPECT IT
WOULD BE.
THAT ALL INTERESTED PARTIES DUE
TO STAY ON THIS PROBLEM OF
HARMONIZATION.
SO WHY THEY IT ADEQUATELY
HARMONIZED BY THE MEMBERS TODAY
OR IF NOT WE HAVE FOUR YEARS TO
WORK OUT THOSE DETAILS.
BECAUSE FAILING THAT.
THE SUNSET WILL OPERATE IT WOULD
JUST GO BACK TO THE PRIVACY
BILLS AND NOT ADOPTED LAST YEAR.
SO IT'S SORT OF PUTTING EVERYONE
ON THE GUN TO MAKE SURE THAT THE
SYSTEMS ARE WORKING.
AS WE HARMONIZE THE PRIOR WORK
OF LEGISLATURE'S SPECIFIC DOUBLE
PROGRAMS WITH THE NEW PRIVACY
STANDARDS.
SO THIS IS NOT A CASE EVEN HAVE.
TAKEN THE COMMITTEE MEMBERS SO
THEY WILL BE IN PLACE FOREVER.
THE COMMITTEE MEMBERS WILL ONLY
DEVIATE FROM LAST YEAR PRIVACY
ACT.
OF FORT BILLS FOR YEARS UNLESS
WE EXTEND THAT SUNSET OR OR
MODIFY THE RULES OR SOME WAY.
AND I ACTUALLY SEE THAT AS WAY
TO DRIVE IN NEED OF
HARMONIZATION OF OUR STATUTES.
SO WHAT THAT IS BACKDROP
[inaudible]
ON IN JANUARY TWENTY TWENTY WHEN
THE CALIFORNIA CIVIL PROTECTION
ACT.
OF TWENTY EIGHTEEN GOES THE FACT.
CONSUMERS GAIN THIS ABILITY TO
OPT OUT.
VERY IMPORTANT STANDARD MUCH IN
KEEPING WITH THE EUROPEAN
STANDARD.
GAIN THE ABILITY TO OPT OUT OF
BUSINESSES SHARING THEIR
PERSONAL INFORMATION INCLUDING
THE GOVERNMENT ALL AGES WHICH
USE THE DATA TO PERFORM
ESSENTIAL FUNCTIONS.
PHILOSOPHE DOWN STANDARD DOES
HAVE THE POTENTIAL IMPACT ALL
MANNER OF GOVERNMENT PROGRAMS.
THIS BILL PERMITS BUSINESS TO
COMPLY WITH THE CCPA WILL
CONTINUE TO PROVIDE GOVERNMENT
AGENCIES WITHIN FOR MASON
ESSENTIAL TO PREVENTING FRAUD
AND OTHER ILLEGAL ACTIVITY.
ADDITION THIS BILL ALLOWS
GOVERNOR AGE TO TRAXXAS PERSONAL
DATA CONTINUE OPERATING MANDATED
PROGRAMS.
IN THIS WAY MY BILL A. B.
FOURTEEN SIXTEEN WILL HARMONIZE.
LOOKS TO HARMONIZE
IMPLEMENTATION OF THE SEAT CPA
WITH EXISTING STATUTORY
OBLIGATIONS OF VARIOUS UNITS OF
CALIFORNIA GOVERNMENT.
IS SUCH AREAS AS LOCATING
PARENTS WHO ARE DELINQUENT ON
CHILD SUPPORT. FOR THE PURPOSE
OF ENFORCING CHILD SUPPORT
OBLIGATIONS.
LOCATED IN FAMILY MEMBERS FOR
CHILDREN THE ENTER THE FOSTER
CARE SYSTEM.
OUR LAW WHICH I CHAIR THE
SLICKER FOSTER CARE FAVORS
UNIFICATION.
AND SERVING KIDS IN RELATIONSHIP
WITH BLOOD RELATIVES.
AND THAT'S COULD BE A
CONTROVERSY TIME EXCUSE AFFECTED
BY DAUGHTER IN LAW WHO'S IN THE
ROOM -- BECAUSE WE HAVE FOSTER
GRAND KIDS I HAVE FOSTERING KIDS.
BUT THIS ABILITY TO TRACK DOWN
FAMILY MEMBERS IS INTEGRAL TO
OUR FOSTER CARE SYSTEM IN THIS
BILL WILL SUPPORT THAT
TRANSITION TO THE NEW.
PRIVACY STANDARD ALSO DATA
NEEDED BY HEALTHCARE PROVIDERS
OR PROVIDER NETWORKS TO CONTROL
COSTS.
IN THE MEDICAL OR MEDI CAL
PROGRAM BY IDENTIFYING POTENTIAL
FRAUD.
SO THAT'S THE BACKDROP TO THIS
BILL.
I SEE IT IS COURSE IN
HARMONIZATION MAKING SURE OUR
GIVE A FOUR YEAR WINDOW. TO
THROUGHOUT OUR STATUTES TO
HARMONIZE THE NEW PRIVACY STAND
WITH GOVERNMENT PROGRAMS.
THE WORK HAS TO BE DONE BECAUSE
IT FOUR YEARS OUT.
IF YOU HAVEN'T KEPT THE
STANDARDS IN PLACE BY THIS BILL
BIKES IN THE SUNSET.
PARTICULAR PROGRAMS WE SENT THE
RIVER TO THE SEA CPA.
SO.
THERE'S NOTHING THIS BILL THAT
REPRESENTS A DEPARTURE FROM THE
C. CPA.
EXCEPT THE LEGISLATURE'S
APPROVAL FOR YEARS HENCE.
IT CREATES A WINDOW FOR
HARMONIZATION BUT THEN.
THE SUNSET WILL KICK IN.
SO HERE TODAY IN SUPPORT OF THE
BILL I'M A STORAGE JEFF NEAL THE
CALIFORNIA ASSOCIATION OF
COUNTIES I'M GONNA REFER TO MY
CLOCK.
THANK YOU VERY MUCH -- FIRST ONE
IS PLEASE.
MY NAME IS THAT JEFF NEAL I
REPRESENT THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES I'M
PROUD TO BE HERE TODAY TO
SUPPORT AB -- ONE FOUR ONE SIX
I'M PERSONALLY LOOKING FORWARD --
TO THE LAW GOING INTO EFFECT IN
JANUARY PLAN TO CONTACT SOME
COMPANIES AND ASK THEM TO DELETE
OR STOP SELLING MY DATA -- BUT
I'M NOT LOOKING FORWARD -- TO
THE WORD GETTING OUT AMONG THE
COMMUNITY OF OF THOSE WHO WHO
WOULD RATHER NOT SUPPORT THEIR
CHILDREN ABOUT THE STEPS THAT
THEY CAN TAKE TO OPT OUT OF
THEIR RESPONSIBILITIES.
I'M NOT LOOKING FORWARD TO A
TREASURE TAX COLLECTORS NOT
HAVING ACCESS TO THE DATA THAT
THEY RELY ON TO FIND.
THOSE WHO -- AND AND COLLECT
DEBTS FROM THOSE WHO TRY TO
EVADE THEIR TAXES THIS BILL
WOULD FIX THAT -- GOVERNMENT IS
IT CONSIDERED A BUSINESS UNDER
THE PRIVACY ACT -- COUNTIES CAN
RETAIN AND USE AND IF IT'S PART
OF A PUBLIC RECORD SHARE --
PERSONAL INFORMATION IN CASES
WHERE A PRIVATE ENTITY WOULD NOT
BE ABLE -- TO BUT BECAUSE ABOUT
A QUIRK IN THE THE CZ PA A
COUNTIES CANNOT ALWAYS RECEIVE
INFORMATION.
FROM PRIVATE ENTITIES AND THIS
BILL WOULD FIX THAT.
IS BUT WOULD ALSO MAKE IT EASIER --
AS ASSEMBLY MEMBER COOLEY
POINTED OUT FOR FOR ACCOUNT --
FOR COMPANIES TO DETECT TO
PREVENT FRAUD AND MONEY
LAUNDERING AND SIMILAR CRIMES BY
ALLOWING THEM TO USE THE METHODS
THAT THEY HAVE LEARNED WORK BEST
TO DO THAT WHICH ARE SLIGHTLY
DIFFERENT FROM THE WAY TO
ENVISIONED IN THE LAW CURRENTLY.
AT SO WE REACHED OUT -- TO
PRIVACY ADVOCATES -- SOMETIME
AGO ASKING THEM TO HELP US WITH
LANGUAGE THAT WOULD ACHIEVE
THESE GOALS AND FIX THESE ISSUES
WITHOUT ROLLING BACK THE PRIVACY
ACT OR CREATING LOOPHOLES
BECAUSE THAT'S NEVER BEEN OUR
INTENTION -- AND THAT'S WHY I
LIKE TO TO THANK YOU MISTER
CHAIR AND THAT YOUR YOUR STAFF
ON THE COMMITTEE BECAUSE THE
AMENDMENTS THAT YOU'VE SUGGESTED
AND AND THAT THE AUTHORS AGREED
TO TAKE I THINK PROVIDE A
PRODUCTIVE STEP FORWARD -- THAT
DOES THAT DOES FIX THESE ISSUES
BUT WITHOUT ROLLING BACK THE
IMPORT ACCOMPLISHMENTS OF LAST
YEAR SO I THANK YOU FOR YOUR
ATTENTION TO THE MATTER AND AND
THANK YOU FOR THE OPPORTUNITY TO
SPEAK TO HER TODAY.
THANK YOU FOR BEING HERE NEXT SO
WHEN HIS PLACE.
MISTER CHAIR AND MEMBERS.
OF THE CAL CHAMBER TESTIFYING IN
SUPPORT FROM THE BUSINESS
PERSPECTIVE THOSE TASKED WITH
IMPLEMENTING THIS COMPLEX LAW --
THIS BILL LIKE THE OTHERS WE
SUPPORTED LAST WEEK SIX TO FIX A
PROBLEM WITH THE CCPA LAST WEEK
YOU HEARD THE DETAILS OF OTHER
BILLS ARE PURSUING THIS YEAR
CLARIFYING LOYALTY AND REWARDS
PROGRAMS CAN CONTINUE ENSURING
PEOPLE GET NOTIFICATIONS FOR
SAFETY RECALLS FOR THEIR
VEHICLES. ONE BILL LITERALLY
JUST FIXED A SENTENCE THAT WAS
UNCONSTITUTIONAL.
AND ALL THESE BILLS WE'VE BEEN
MORE THAN WILLING TO SIT DOWN
AND FIGURE OUT THE NARROWEST
LANGUAGE TO ACCOMPLISH THESE
NECESSARY FIXES AND THE SAME IS
TRUE HERE.
THE BILLS AND BEEN IN PRINT FOR
A LONG TIME AND WE JUST GOT
FEEDBACK ON THE LANGUAGE OF
LETTERS FILED WEDNESDAY EVENING.
AND THE COMMITTEE'S CONCERNS AND
WE HEARD THEM LOUD AND CLEAR --
AND WE THANK YOU MISTER CHAIRMAN
THANK YOUR STAFF FOR TAKING SO
MUCH TIME TO WRITE SUCH A
DETAILED ANALYSIS -- YOUR POINTS
ARE OBVIOUSLY VERY WELL TAKEN
AND THE AUTHOR IS ACCEPTING ALL
OF THE PROPOSED AMENDMENTS.
THE LAW RIGHT NOW THE LIKE THE
LANGUAGE THE BILL DOESN'T FIX
ALL OF OUR CONCERNS BUT IT DOES
ADDRESS ONE OF THE BIGGEST ONES
AS CURRENTLY DRAFTED THE C. C.
P.'S OPT OUT PROVISION WILL
INADVERTENTLY ASSIST FRAUDSTERS
IN BOTH STEALING CALIFORNIANS
IDENTITIES AND MAKING FRAUDULENT
PURCHASES IN THEIR NAMES.
FURTHER IT WILL UNDERMINE
BUSINESSES LEGAL COMPLIANCE
ACTIVITIES AND EFFORTS TO
PROTECT CONSUMERS FROM OTHER
CRIMES LIKE MONEY LAUNDERING IN
HUMAN TRAFFICKING.
ALLOWING BAD ACTORS TO USE THE
CCPA TO EFFECTIVELY OPT OUT OF
FRAUD DETECTION SERVICES FOR
EXAMPLE WOULD SIGNIFICANTLY
HAMPER THESE EFFORTS AND IT
WOULD HELP CRIMINALS.
WHO ARE BECOMING INCREASINGLY
MORE SOPHISTICATED IN ORGANIZED
IN THIS SPACE WITHOUT THESE
CHANGES WE WILL A ROAD A
SIGNIFICANT TOOL USED TO STOP
THEM?
THIS EASY PAY ALREADY RECOGNIZED
AS PART OF THIS PROBLEM IN THE
DELETION SECTION OF THE LAW
WHICH HAS AN EXEMPTION STATING
THAT A BUSINESS NEED NOT DELETE
DATA THAT'S NECESSARY TO DETECT
SECURITY INCIDENTS OR TO PROTECT
AGAINST MALICIOUS DECEPTIVE
FRAUDULENT OR ILLEGAL ACTIVITY.
BASED ON THE NARROWING LANGUAGE
THE AUTHORS ACCEPTING AB
FOURTEEN SIXTEEN MERELY APPLIES
THAT SAME TYPE OF EXEMPTION TO
THE RIGHT TO OPT OUT.
OF THE SALE DATA FOR THOSE
LIMITED PURPOSES AND ADDS
FURTHER IT LIMITS ON TOP OF THAT
THE NECESSARY FIXING WE
RESPECTFULLY ASK YOUR AYE VOTE
MEMBERS THANK YOU.
THANK YOU VERY MUCH AYE
ADDITIONAL SUPPORTERS SO PLEASE.
COME ON UP AND IDENTIFY YOURSELF.
STATE YOUR POSITION THANK YOU
VERY MUCH GOOD MORNING BRANDI
KAHLER PAST PRESIDENT THE
CALIFORNIA ASSOCIATION LICENSE
INVESTIGATORS THE CURRENT
GOVERNMENT AFFAIRS CHAIRS.
ARE WE'RE CONCERNED ABOUT ANY
OPT OUT PROVISIONS AS WE
INVESTIGATE -- ALL KINDS OF
CASES ONE OF THE ONES I DIDN'T
SEE MENTIONED PERHAPS IN THE
ANALYSIS IS ADOPTION SEARCHES OR
PEOPLE ARE LOOKING FOR BIRTH
FAMILIES SO WE WANT TO MAKE SURE
THAT'S COVERED AS WELL AS
CRIMINAL DEFENSE AND THIRD PARTY
INVESTIGATIONS WHEN THERE IS A
SEXUAL HARASSMENT CLAIM.
OR MISCONDUCT WITHIN AN
ORGANIZATION THAT DOESN'T RISE
TO A CRIMINAL ACTIVITY THANK YOU
VERY MUCH THANK YOU THANK YOU
THANKS PLACE.
I GET AFTERNOON ERIN NORWOOD ON
BEHALF OF SYMANTEC AND IT'S OF
SUBSIDIARIES EXCUSE ME OF
LIFELOCK AND ID ANALYTICS STRONG
SUPPORT THANK YOU THANK YOU
MENTION EXPERTISE.
JOHN CALDWELL ON BEHALF OF
CALIFORNIA LAND TITLE
ASSOCIATION IN SUPPORT THANK YOU
NICE PLACE.
KAREN LAYING ON THE OF THE
CALIFORNIA ASSOCIATION OF COUNTY
TREASURER'S AND TAX COLLECTORS
AND SUPPORT.
THANK YOU MUCH NEXT PLEASE.
KELLY HIT ON BEHALF OF COUNTY
AND SUPPORT THINGS THANK YOU
NEXT PLACE.
EMILY ACT ON BEHALF OF THE
CALIFORNIA CREDIT UNION LEAGUE
IN SUPPORT.
THANK YOU NEXT PLEASE RESPOND
DRUM AFTER THE ELECTRONIC
TRANSACTIONS ASSOCIATION IN
SUPPORT THANK YOU NEXT PLACE.
STEVE CARLSON CITY I A IN
SUPPORT.
THANK YOU NEXT PLACE.
KEVIN KELLY A HAVE INTERNET
ASSOCIATION SUPPORT THANK YOU
NEXT PLACE.
COURTNEY CHANCELLOR TECHNION
SPORT THANK YOU MUCH NECKS.
KEVIN GOLD CALIFORNIA BANKERS IN
SUPPORT THANK YOU NEXT PLEASE.
JOHN BENT ON BEHALF OF
AFFIRMATIVE IN SUPPORT THANK YOU
MUCH NEXT PLACE.
TIM JOHNSON ENTERTAINMENT
SOFTWARE ASSOCIATION IN SUPPORT.
THANK YOU NEXT PLEASE.
AFTER A WITH CHILD SUPPORT
DIRECTORS ASSOCIATION WE
REPRESENT THE LOCAL DIRECTORS OF
THE COUNTY PRO WHO COUNTIES TO
ADMINISTER THE PROGRAM.
VERY MUCH SUPPORT OF THE BILL
WERE CONCERNED ABOUT THE OPT OUT
PROVISIONS OF THE POTENTIAL
IMPACT IT HAS ON OUR ABILITY TO
LOCATE ABSENT PARNTS HEADED FOR
SHELTER.
THANK YOU VERY MUCH.
THANKS PLEASE.
D'ANGELO TESLA IN SUPPORT THANK
YOU MUCH NECKLACE.
RAINY PA CONSUMER DATE INDUSTRY
ASSOCIATION IN SUPPORT THANK YOU
OPPOSITION PLEASE COME ON UP
.
WELCOME THANK YOU MISTER CHAIR
MEMBERS DON'T SERVERS ON BEHALF
OF CALIFORNIANS FOR CONSUMER
PRIVACY WE CERTAINLY APPRECIATE
THE WORK IN DIALOGUE WE'VE HAD
WITH ASSEMBLYMEMBER COOLEY AND
HIS STAFF AND THIS AND THE
SPONSORS OF THE BILL BUT HERE
TODAY.
WE'RE RESPECTFULLY IN OPPOSITION
TO THE MEASURE -- WHAT WE
RECOGNIZE THAT SOME OF THESE
AMENDMENTS NARROW SOME OF THE
PROVISIONS WITHIN THE BILL OR
THE PROPOSED BILL?
WE DO HAVE SIGNIFICANT CONCERNS
WITH HOW THIS PROPOSAL INTERACT
WITH THE C. CPA WHEN IT COMES
INTO EFFECT ON JANUARY.
ONE TWENTY TWENTY AND WE THINK
THE ANALYSIS POINTS OUT THE VERY
QUESTION THAT THE COMMITTEE
SHOULD CONSIDER -- WHERE IT SAYS
THE FUNDAMENTAL POLICY QUESTION
AS TO WHETHER AND WHEN
GOVERNMENT ACCESS INTERESTS OUT
WAY CONSUMERS PRIVACY INTERESTS?
AS YOU ALL KNOW.
CALIFORNIANS.
RIGHT TO PRIVACY IS ENSHRINED IN
ARTICLE ONE SECTION ONE OF THE
CALIFORNIA CONSTITUTION.
WE BELIEVE THAT THE PROVISIONS
IN THE C. C. PA THAT PROVIDE A
CONSUMER THE ABILITY TO OPT OUT
OF THE SALE OF THEIR DATA.
OR REQUESTS FOR DATA A BUSINESS
TO DELETE THEIR DATA ARE
MECHANISMS FOR A CONSUMER TO
REALIZE THAT CONSTITUTIONAL
RIGHT AND PRACTICES NOT BECAUSE
THERE WANT TO PARTICIPATE IN
FRAUDULENT ACTIVITY.
OR DO SOMETHING INAPPROPRIATE BE
BECAUSE BECAUSE I WANT TO
REALIZE THEIR RIGHT TO PRIVACY
TO DATE.
IT'S OUR UNDERSTANDING THAT
GOVERNMENT.
AGENCIES AND OTHERS HAVE BECOME
TO RUN HAVE COME TO RELY ON
LARGE DATABASES WHERE FOLKS PUT
TOGETHER DATA ABOUT ALL KINDS OF
CONSUMERS FOR THE PURPOSES OF
POTENTIALLY NEEDING IT FOR THAT
GOVERNMENT.
PROGRAM IF A CONSUMERS EXERCISE
THE RIGHT TO OPT OUT.
SHOULD THEY STE SHOULD A
GOVERNMENT AGENCY STILL BE ABLE
TO COLLECT DATA ON THAT CONSUMER
FOR POTENTIALLY NEEDING IT IN
THE FUTURE.
I THINK WE HAVE A SERIOUS WE
THINK THAT PRESENTS A SERIOUS
POLICY QUESTION THAT SHOULD BE
CONSIDERED HERE.
JUST BECAUSE IT CAN IF CONSUMERS
OPTED OUT TO THE SALE OF THEIR
DATA WHETHER IT'S THEIR LOCATION
DATA OR THEIR SEARCH HISTORY OR
THE RETAIL PURCHASES.
SHOULD THAT DAY TO STILL BE ABLE
TO BE SOLD TO GOVERNMENT FOR A
PURPOSE OF POTENTIALLY FINDING.
A RELATIVE FOR ANOTHER MECHANISM
I KNOW SOME OF THE THINGS THAT
WERE MENTIONED HERE INCLUDED
ISSUES SUCH AS CHILD SUPPORT AND
OTHER.
SITUATIONS WHERE SOMEONE MAY BE
INVADING THEIR RESPONSIBILITY WE
SELL IT CERTAINLY DON'T BELIEVE
THE CCPA WAS.
DEVELOPED OR IN PLACE TO PROTECT
THAT TYPE OF BEHAVIOR BUT THERE
ARE MECHANISMS THROUGH THE
COURTS THE COURTS CAN APPLY FOR
ORDERS TO PAY FOR CHILD SUPPORT
AND THERE'S MECHANISMS.
TO FIND PEOPLE WHO HAVE NOT PAID
CHILD SUPPORT OR NOT PAYING
CHILD SUPPORT.
SO FOR THOSE REASONS WE YOU KNOW
WHAT ENCOURAGE A NO VOTE BECAUSE
WE THINK THAT -- YOU KNOW THAT
THE TENSION HERE BETWEEN A
CONSUMERS PRIVACY RIGHT AND THE
GOVERNMENT.
NEED HERE IS IS A DIFFICULT ONE
BUT WE THINK THAT THE
CONSTITUTIONAL RIGHT TO PRIVACY.
YOU KNOW OUTWEIGHS THE NEED.
FOR SIGNIFICANT DATA COLLECTION
THAT DOESN'T YOU KNOW WITHOUT A
SPECIFIC.
NEED WHETHER IT'S A WARRANT FOR
A SUBPOENA OR A REGULATORY
INQUIRY AS OUT THAT'S OUTLINED
ALREADY IN THE US CIVIL CODE SO
FOR THOSE REASONS ANSWER NO
THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS
PLEASE.
AT THE CORE AND ON BEHALF OF A
COMMON SENSE KIDS ACTION ONE OF
THE CO AUTHORS OF CCPA AS WELL
AS THE ACLU THE EFF AND COMMON --
AND EXCUSE ME PRIVACY RIGHTS
CLEARING HOUSE I WOULD LIKE TO
FEEL A BIT AFFILIATE MYSELF WITH
THE COMMENTS OF MY COLLEAGUES
AND ALSO WOULD JUST GIVE A
COUPLE EXAMPLES IF IT'S
IMPORTANT TO KNOW THAT A LOT OF
THE INFORMATION THAT IS.
USED TO AUTHENTICATE AN
INDIVIDUAL AND IN TERMS OF MANY
BOTH PRIVATE AND GOVERNMENT
PROGRAMS IS OTHERWISE SEEMINGLY
INNOCUOUS DATA A COUPLE YEARS
AGO YOU MAY RECALL THE IRS
BREACH -- IN WHICH A NUMBER OF
INDIVIDUALS HAVE THEIR THEIR IRS
REFUNDS ESSENTIALLY STOLEN FROM
THEM AND THE INFORMATION THAT
WAS USED WAS ON ITS FACE PRETTY
INNOCUOUS IT WAS DATA THAT WAS
COLLECTED THROUGH A VARIETY OF
DATA BREACHES THINGS LIKE WHAT
WAS THE NAME OF YOUR FIRST DOG.
WHERE DID YOU GO TO HIGH SCHOOL
WHAT'S YOUR FAVORITE COLOR YOU
KNOW WE'RE NOT TALKING ABOUT
SOCIAL SECURITY NUMBERS THAT ARE
USED IN AND PURPOSES OF?
SORT OF THESE THESE FRAUD
PROTECTION PROGRAMS AND SO
FEASIBLE LEE -- THE CRAFTING OF
THIS WE RE NOT ONLY AS OVERLY
BROAD BUT SOMETHING THAT COULD
ACTUALLY EXPLICITLY -- IT GOT
THE BOTTOM OUT OF CCPA AND OTHER
VITAL PRIVACY PROTECTIONS IN
CALIFORNIA SO WE STRONGLY OPPOSE
THIS MEASURE THANK YOU.
THANK YOU VERY MUCH ADDITIONAL
INDIVIDUALS IN OPPOSITION TO THE
BILL PLEASE COME FORWARD.
MORE MONEY ON BEHALF OF CONSUMER
REPORTS IN OPPOSITION THANK YOU
VERY MUCH AN NEXT PLEASE. TO
TURN MEMBERS KEVIN BIG OF
AMERICAN CIVIL LIBERTIES UNION
OF CALIFORNIA ALSO IN OPPOSITION
TO THE CONTINUED WEAKENING OF
THE CPA THANK YOU.
THANK YOU VERY MUCH SEEN NO
OTHER OPPOSITION LET'S BRING
BACK TO COMMITTEE QUESTIONS --
COMMENTS FROM COMMITTEES.
OR STEP IF -- WHAT BEFORE WE GO
TO QUESTIONS WHEN WE ESTABLISH
QUORUM SO THAT WE COULD MOVE THE
BILL OUT?
TELL HERE.
HIGHLY HERE BAUER-KAHAN.
BERMAN.
CALDERON GABRIEL [inaudible]
GALLAGHER [inaudible]
IRWIN [inaudible]
OBERNOLTE.
SMITH.
WICKS.
WE DO A QUORUM ON TO HAVE
QUESTIONS.
WHICH WERE GOING.
I I APPRECIATE YOUR WORK ON THIS
ISSUE HI.
ALL THIS IS A PROBLEM -- ONE
MAJOR AND PROGRAMS ARE EFFICIENT
AND TALENT THAT.
ESPECIALLY PROUD PREVENTION THAT
WE'RE ABLE.
TO DO THAT IN AN INTELLIGENT WAY
WITH WHEN YOU SEE HOW MANY
SCAMMERS SO THERE ARE SOME YOU
KNOW LET'S PRINCES WITH THE THE
CARD BEING BREACHED.
I ALSO APPRECIATE THE THE
CONCERNS OF THE PRIVACY GROUP SO.
I I THINK.
I'VE FOR ME IT'S TOO EARLY FOR
THIS CONVERSATION TO END BECAUSE
I I THINK THIS IS A PROBLEM THAT
NEEDS TO BE SOLVED BUT I I DO
THINK THAT -- THE BREADTH OF THE
EXTENSION IS IS CONCERNING SO NO
VOTE -- FOR SUPPORT YOUR BILL
TODAY BUT I PLEASE KEEP WORKING
WITH THESE GROUPS BECAUSE IT IS --
DEFINITELY -- WE DON'T WANT TO
SEE SEE SEE PA UNDERMINED WE
JUST WANT TO MAKE SURE THAT IT'S
WORKABLE WE WANT TO MAKE SURE
THAT WE PROTECT PRIVACY.
BUT AND AND ALSO MAKE SURE THAT
CONSUMERS STILL GET WHAT THEY
NEED FROM CCPA SO -- LIKE I SAID
JUST CONTINUE TO WORK ON WELL I
APPRECIATE THAT OF THE SAME
MEMBER OR ONE I WANT TO SAY.
I DO NOT BELIEVE THIS IS A BILL
THAT TAKES THE BOTTOM OUT OF THE
SYSTEM.
SOMETHING UNIQUE IS HAPPENING IN
THIS HEARING GENERALLY A SUNSET
IS IMPOSED ON AUTHORED OVER BILL
ALONG.
I ACTUALLY ASKED FOR THE SUNSET
BECAUSE IN THIS CASE.
THE SUNSET AS A WAY TO ENSURE
THAT.
THE CHANGES THAT I'VE TAKEN FROM
STAFF.
HAVE TO COME BACK TO THE
LEGISLATURE TO STAY IN PLACE
PASSED.
TWENTY TWENTY FOUR IT FORCES THE
CONVERSATION IT FORCES PEOPLE
WORK OUT THE DETAILS.
BUT IF NOTHING IS DONE WE
ACTUALLY RIVER TO THE SEA CPA.
SO I ACTUALLY FEEL I'M.
COMMITTED THIS HARMONIZATION TO
WORKING OUT THE DETAILS I THINK
THAT'S THE VIEW OF OF PUBLIC
SERVICE. TO CONNECT THE NEW LAWS
THE EXISTING LAWS THAT SORT OF
THAT OVERSIGHT IDEA THAT
INTERESTS ME.
AND MY REQUEST TO IMPOSE A
SUNSET ON MY OWN BILL IS
ACTUALLY. TO TRUTH THE
CONVERSATION AND WHAT WE PASSED
LAST YEAR TO MAKE SURE THAT THE
DETAILS GET WORKED OUT FOR HOW
WE WORKED EXISTING PROGRAMS AND
NOT LET THE CONVERSATION JUST GO
AWAY AND FORGET ABOUT.
IT FORCES IT BACK INTO THE HOLES
THE LEGISLATURE WHICH I THINK IS
WHERE.
THIS TYPE OF PUBLIC POLICY WORK
NEEDS TO BE DONE SO I WILL
CERTAINLY TEND TO IT IS A BILL
MOVES FOR I THINK YOU FOR THAT.
I AM MINDFUL THIS IS THE FIRST.
KEY HEARING ON THIS BILL AND I
WILL PURSUE A DILIGENCE BUT I I
WANT TO SAY TO MY COLLEAGUES.
ADDITIONAL SUNSET CLAUSE IS MY
FURTHER PLEDGE TO STAY ON THE
SYSTEM IN THE CONVERSATION.
AND MAKE SURE THAT THIS HARM
RELATIONS AND INDEED DONE AND
THAT WE IN THE LEGISLATURE.
ARE THE ONES TO GOVERN THAT --
SO I FEEL THIS IS SORT OF A CASE
OF FIRST IMPRESSION FOR THE
AUTHOR TO VOLUNTEER SUNSET TO
SEND IT BACK TO THE STATUS QUO
ANTE -- BUT I FEEL THIS IS A SET
OF FACTS WERE ACTUALLY MAKES
SENSE IT'LL FORCE A CONVERSATION.
WITH THAT I I WILL OFFER THAT AS
MY CLOTHES I REGRET I'M SUPPOSED
TO BE RUN IN THE MEDIAN AND FEW
MINUTES SO I NEED.
TO HAVE SO IT'S SO ARE THERE ANY
FURTHER QUESTIONS OR COMMENTS.
GOOD GOOD MISTER GIVE A GO AHEAD
JUST JUST VERY QUICKLY THANK
THANK YOU FOR YOUR COMMENTS I
WANT TO ASSOCIATE MYSELF WITH.
THE COMMENTS OF A ASSEMBLY
MEMBER FROM THOUSAND OAKS I I
ALSO HAVE REAL CONCERNS ABOUT
THIS -- I DON'T WANT THE
CONVERSATION TO END TODAY BUT I
DO WANT TO DISCUSS THEM FURTHER
WITH YOU IN WOOD RIDGE RESERVE
MY RIGHT ON THE FLOOR
[inaudible]
I THINK.
YES AYE AYES BERMAN I I'M I
MISSED THE COMMENTS WAS A NUMBER
ONE TO THIS IS DANGEROUS BUT I
DO WANT TO ALLOW MY COMMENTS
WITH HERS -- BECAUSE THEY ARE
THEY ARE OFTEN SO GOOD.
YEAH YEAH BRIDGET.
SEC SO WITH THAT THERE IS THERE
A MOTION.
A SECOND MOVES THE BILL TO MOVE
A SECOND IT -- UP PLEASE CALL
THE ROLL [inaudible]
TELL [inaudible]
KILEY.
KILEY I BURKE BAUER-KAHAN.
BAUER-KAHAN I BERMAN.
BERMAN HI CALDERON.
GABRIEL.
GABRIEL I'D GALLAGHER.
GALLAGHER I IRWIN.
IRWIN OBERNOLTE.
OBERNOLTE AYE SMITH SMITH I
WEEKS.
THE BILL ITSELF.
THANK YOU [inaudible]
YES.
AT THIS TIME I LIKE TO ENTERTAIN
A MOTION TO MOVE THE CONSENT
AGENDA -- CONSENT POLICE A CALL
THE ROLL.
SOUTH HI SO I KILEY.
KILEY AYE BAUER CAM.
BAUER-KAHAN I BERMAN.
BERMAN I'VE CALDERON.
GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER I OWN [inaudible]
CONSENT -- WHEN I OBERNOLTE
ELEVEN THROUGH FIFTEEN THAT'S AB?
TWO FIFTY THREE MARK STONE AB
SEVEN SIXTEEN CHEN AB NINE FIFTY
SIXTY AB TEN FORTY THREE IRWIN
A. B. FOURTEEN TWENTY EIGHT
CALDERON.
SO WITH THAT -- LIKE TO ASK --
IS FRIEDMAN TO PRESENT HER BILL.
THE MYSTERY MAN HAS ITEM NUMBER
THREE THAT'S A. B. ELEVEN TWELVE
SO ANYTIME YOU'RE READY YOU MAY
PROCEED.
THANK YOU MISTER CHAIRMAN
MEMBERS I'D LIKE TO ACCEPT THE
AMENDMENTS BEGINNING AT THE
BOTTOM OF PAGE NINE AT AUTHORS
AMENDMENTS.
I'D LIKE TO THANK THE COMMITTEE
FOR WORKING WITH MY OFFICE ON
THE BILL -- I WANT TO SAY THAT
YOU GUYS REALLY MADE THE BILL
BETTER SO THANK YOU -- AB ELEVEN
TWELVE ESTABLISHES A BASIC LEVEL
OF STATEWIDE STANDARDS FOR LOCAL
REGULATION OF SHARED MOBILITY
DEVICES.
WHITE BIKES AND SCOOTERS TO
ENSURE CLARITY Là TWENTY FOUR
ZERO MISSION TRANSPORTATION
REDUCE TRAFFIC CONGESTION AND
INCREASE SAFETY ON THE ROAD.
IN THE U. S. 35% OF ALL TRIPS OR
TWO MILES OR LESS LESS IN LENGTH
AND ONE SOLUTION TO GET CARS OFF
THE ROAD AND REDUCE EMISSIONS --
DEAL WITH TRAFFIC CONGESTION --
AND TO GET PEOPLE OUT IN THE
STREETS -- IS -- TO UTILIZE
SHARED MOBILITY DEVICES THESE
ARE AFFORDABLE AND CONVENIENT
FOR THOSE WHO WANT TO USE PUBLIC
TRANSIT BUT WORRY ABOUT THE LAST
COUPLE MILES TO WHEREVER THEY'RE
GOING.
THESE DEVICES ARE A LAST MILE
LINK TO PUBLIC TRANSIT.
A BUS STOPS TRAIN STATIONS --
WITHOUT HAVING THE NEED TO PARK
A CAR.
OR USE MORE EXPENSIVE SERVICE
CURRENTLY THERE'S A PATCHWORK OF
ORDINANCES ACROSS THE STATE THAT
REGULATE MOBILITY DEVICES OR
MANY CASES DON'T REGULATE THEM
AND ALL OF CITIES.
KIND OF IGNORE THEM -- AND WILL
CREATE NUISANCES BY NOT HAVING
COMMONSENSE REGULATIONS IN THEIR
COMMUNITIES.
THIS MAKES IT COMPLICATED FOR
LAW ENFORCEMENT BECAUSE THEY
HAVE TO ENFORCE ACROSS DIFFERENT
JURISDICTIONS THEY DON'T ALWAYS
KNOW WHAT THE RULES ARE IN A
JURISDICTION CERTAINLY WRITERS
DON'T KNOW WHAT THE RULES ARE.
THE COMPANIES THEMSELVES DON'T
KNOW WHAT THE RULES ARE.
SO THIS BILL PROVIDES A
REASONABLE FRAMEWORK STATEWIDE
WHILE ENCOURAGING LOCALITIES TO
DO THE WORK THEY NEED TO HAVE A
CONVERSATION WITH THEIR
COMMUNITY WHERE DO WE WANT TO
HAVE THIS SHARED VEHICLES WERE
DON'T WE WILL HAVE IT WANT TO
HAVE THEM.
IT GIVES THEM THE ABILITY TO
HAVE -- FEES THAT THEY CAN PUT
ON THE MOBILITY DEVICES TO FOR
REVENUE SOURCE TO PAY FOR THAT
INFRASTRUCTURE.
AND WE THINK THAT IT'S A YOU
KNOW REALLY THE BEGINNING OF A
FRAMEWORK OF STATEWIDE FOR THESE
DEVICES WITH ME TODAY TO SPEAK
IN SUPPORT OF AB ELEVEN TWELVE
ARE.
A KIND EL GODLY -- WITH BIRD
SCOOTERS GOVERNMENT PARTNERSHIPS
AND CORDY JENSEN WITH TECHNET I
RESPECTFULLY REQUEST AN AYE VOTE
THANK YOU VERY MUCH CHAU.
FIRST ONE IS PLACE WELCOME THOSE
ARE ALL OF OUR OTHER WITNESSES
OUT THERE WE CHAIR AND MEMBERS
THANK YOU FOR THE OPPORTUNITY TO
TESTIFY IN SUPPORT OF AB ELEVEN
TWELVE MY NAME IS KENDALL GAG
LEO AND PART OF THE GOVERNMENT
PARTNERSHIPS TEAM FOR BIRDS
SKATERS.
WE STRONGLY SUPPORT THIS BILL
AND BELIEVE IT IS PART OF THE
STATE SOLUTION TO REACHING OUR
ENVIRONMENTAL AND TRANSPORTATION
GOALS.
BIRD IS A LAST MILE ELECTRIC
VEHICLE SHARING COMPANY
DEDICATED TO BRINGING AFFORDABLE
ENVIRONMENTALLY FRIENDLY
TRANSPORTATION SOLUTIONS TO
COMMUNITIES ACROSS THE WORLD.
OUR MISSION IS TO PARTNER WITH
CITIES TO BUILD COMMUNITIES WITH
FEWER CARS ON THE ROAD.
A CITY WITH YOUR CARS GREATLY
IMPROVES THE HEALTH AND SAFETY
OF ALL OF ITS RESIDENTS.
BIRD RIDES A REPLACING CAR TRIPS
THE AVERAGE PRIDE IS A MILE AND
A HALF WITH NEARLY 50% OF CAR
TRIPS BEING SHORT DISTANCES OF
THREE MILES OR LESS WE'RE
CURRENTLY TAKING TENS OF
THOUSANDS OF CAR TRIPS OFF
CALIFORNIA CITY STREETS EVERY
DAY.
AFTER ONE YEAR OF OPERATING MORE
THAN FOURTEEN MILLION MILES HAVE
BEEN WRITTEN ON BIRDS AROUND THE
WORLD WHICH IS PREVENTED MORE
THAN TWELVE MILLION POUNDS OF
CARBON EMISSIONS FROM ENTERING
THE AIR.
SCOOTERS OFFER A MORE EFFICIENT
WAY TO MOVE PEOPLE AROUND CITY
STREETS.
YOU CAN MOVE SEVENTY FIVE
HUNDRED PEOPLE PER HOUR IN A
PROTECTED BY CLEAN WILL ONLY A
THOUSAND VEHICLES PER HOUR AN
AVERAGE CARLING.
BIRD HAS A POSITIVE ECONOMIC
IMPACT ON THE COMMUNITIES WE
SERVE.
IT IS ESTIMATED THAT FOR EVERY
THOUSAND BIRDS AND A CITY BIRD
CREATES AN ESTIMATED TWO POINT
FIVE MILLION IN ANNUAL EARNINGS
FOR CHARGERS AND THREE HUNDRED
EMPLOYMENT OPPORTUNITIES.
BIRD BELIEVES IN SAFETY IN
ADDITION TO WORKING WITH
LOCALITIES TO PROMOTE THE
INSTALLATION OF PROTECTED BIKE
LANES AND OTHER INFRASTRUCTURE
BIRD IS GIVEN AWAY MORE THAN
SIXTY FIVE THOUSAND HELMETS TO
WRITERS ACROSS THE U. S..
IMPLEMENTED COMPREHENSIVE WRITER
SAFETY CAMPAIGNS AND TUTORIALS
AND CREATED A COMMUNITY MODE
WHICH ENSURES EASY REPORTING OF
MISPLACED OR MISS PARK SCOOTERS
DIRECTLY TO BIRD.
MOTORIZED SCOOTERS OFFER A TRUE
BENEFIT TO CALIFORNIA AND FOR
THESE REASONS WE STRONGLY
SUPPORT AB ELEVEN TWELVE AND
URGENT AYE VOTE THANK YOU.
THANK YOU MUCH NEXT WHEN HIS
PLACE MISTER TURN MEMBERS
COURTNEY JENSEN BEHALF OF TECHNO
AND ALSO IN SUPPORT ONE I THINK
THE AUTHOR AND THIS COMMITTEE
FOR THEIR HARD WORK ON THIS BILL.
I'M MIKE FROM ABILITY AS A NEW
AND QUICKLY A GROWING INDUSTRY
AS YOU ALL HEARD LAST WEEK --
BUT THAT OFFERS AN INNOVATIVE
SOLUTION TO LONG TERM
TRANSPORTATION ENVIRONMENTAL
ISSUES AND THE FIRST MILE LAST
MILE CHALLENGES THAT PEOPLE FACE
DAILY.
AND THE DATA GENERATED BY THE
SHARED BIKES AND SCOOTERS AWFUL
ARE VALUABLE INSIGHTS TO CITIES
AND TRANSPORTATION PLANNERS AND
OUR MEMBER COMPANIES WANT TO
WORK ALONGSIDE LOCAL
TRANSPORTATION AGENCIES. TO
UTILIZE THIS DATA IN A WAY THAT
ACHIEVES CLEAR POLICY GOALS SUCH
AS INFORMING PLANNING AND
INFRASTRUCTURE DECISIONS AND
ENABLING MORE COMPREHENSIVE
ENFORCEMENT BUT ALSO RESPECT THE
PRIVACY OF INDIVIDUAL WRITERS.
THE INDUSTRY IS COMMITTED TO
BUILDING OUT THESE VALUABLE
SHARED INSIGHTS THROUGH THE%
PROVISION OF DATA TO CITIES AS
THEIR REGULATORS AND PARTNERS
HOWEVER WHILE IT IS APPROPRIATE
FOR LOCAL GOVERNMENTS TO ACCESS
TO MOBILITY ADD DATA AS THE
REGULATORS OF THESE EMERGENT
BUSINESSES.
IT SHOULD NOT COME AT THE COST
OF CONSUMER PRIVACY SHARING
PRECISE GEOLOCATION DATA
ASSOCIATED WITH WHERE WRITER
BEGINS CONTINUES AND ENDS THEIR
TRIP PRESENTS RISKS TO
INDIVIDUAL PRIVACY AND SHOULD
NOT BE A FAIR AND SHOULD BE
EFFECTIVELY AGGREGATED AND DE
IDENTIFIED. TO PROTECT THE
INDIVIDUAL CONSUMER DATA BECAUSE
OF THE POTENTIAL TO USE THIS
DATA TO RE IDENTIFY AND TRACK
INDIVIDUALS THE C. C. P. A
DESIGNATED LOCATION DATA AS
PERSONAL INFORMATION.
WITH THE AUTHORS AMENDMENTS
OFFERED IN THE ANALYSIS AB
ELEVEN TWELVE ESTABLISHES CLEAR
GUIDELINES CONSISTENT WITH WITH
CALIFORNIA'S RECENTLY ENACTED
PRIVATE CAL CONSUMER PRIVACY
LAWS.
THIS WILL ENSURE CONSISTENT
IMPLEMENTATION OF DATA SHARING
STANDARDS BY LOCAL GOVERNMENTS
AS SHARED MOBILITY SYSTEMS
EXPAND IN CALIFORNIA WHILE
PRESERVING THE RIGHTS OF CITIES
TO DRAW INSIGHTS AND ACHIEVE
IMPORTANT POLICY OBJECTIVES.
WE APPLAUD THE EFFORT OF THE
AUTHOR AND THIS COMMITTEE TO
EXPAND THE AVAILABILITY OF THESE
MOBILITY OPTIONS AND SAT
GUIDANCE FOR PROTECTION OF
SENSITIVE CONSUMER DATA AND THIS
NEW INDUSTRY THANK YOU.
THANK YOU VERY MUCH I ADDITIONAL
SUPPORTERS.
AFTERNOON LAURA BENNETT WITH
CALIFORNIA ADVISERS ON BEHALF OF
JUMP PROVIDED UBER WHERE I THINK
THE COMMITTEE IN THE AUTHOR FOR
LISTENING TO OUR CONCERNS REASON
TRANSPORTATION COMMITTEE.
AS EARLY TO TRIP DATA ARE WITH
THE CHANGES ACCEPTED TODAY WE
HAVE OUR POSITION FROM SUPPORT
OF AMENDED TO FULL SUPPORT THANK
YOU THANK YOU VERY MUCH NEXT
PLACE.
ON MISTER CHAIR AND MEMBERS ALEX
TORE AS ON BEHALF OF CLINIC US
LITTLE CAMINO RIEL INVENTOR
COUNTY CLINIC AS THE SALUTE
MINOR COUNTY AS WELL AS THE
CENTRAL COAST HEALTH NETWORK
INCLUDED THE SAN BENITO HEALTH
FOUNDATION IN SAN BENITO COUNTY.
COMMITTEE HEALTH CENTERS OF THE
CENTRAL COAST IN SAN LUIS OBISPO
COUNTY AND GARDNER FAMILY HEALTH
AND SANTA CLARA COUNTY IT'S
SUPPORT THANK YOU THANK YOU VERY
MUCH NEXT PLEASE.
GOOD AFTERNOON CHAIR MEMBERS
ANDREA TO VOTE FOR SIERRA CLUB
AND SUPPORT.
THANK YOU NICE PLACE THE SURE
MEMBERS DUNCAN MCFETRIDGE
REPRESENTING LIFT WITH THE
AUTHORS OF MEN.
WE ARE HAPPY TO SUPPORT THE BILL
THANK YOU MATCH NEXT PLACE.
ALICIA **** ON BEHALF OF THE
NATIONAL DIVERSITY COALITION
ALSO THE NATIONAL ASIAN AMERICAN
COALITION.
THANK YOU VERY MUCH.
THANKS BYE JOINT COMMITTEE ON
BEHALF CALIFORNIA'S MANIC
CHAMBERS OF COMMERCE IN SUPPORT.
THANK YOU VERY MUCH OPPOSITION
PLEASE --
MR TURN MEMBER
SYLVIA'S ALICIA ON BEHALF OF THE
SAN FRANCISCO MUNICIPAL
TRANSPORTATION AGENCY -- SAN
FRANCISCO CREATED THERE ARE A
PILOT -- SCOOTER SURE PERMIT AND
PILOT PROGRAM IN TWENTY EIGHTEEN
THIS WAS IN RESPONSE TO CONCERNS
FROM OUR RESIDENTS -- ABOUT THE
SCOOTERS THAT HAD ARRIVED
SHORTLY ON OUR STREETS WELL WE
APPRECIATE THE AMENDMENTS THAT
THE COMMITTEE HAS MADE -- WE DO
REMAIN OPPOSED TO THE BILL --
SPECIFICALLY SPEAKING TO THE
DATA AND PRIVACY CONCERNS WHICH
ARE THE PURVIEW OF THIS
COMMITTEE THE AMENDMENTS WOULD
ALLOWING THE LOCALS TO COLLECT
ONLY AGGREGATED AND DE
IDENTIFIED DATA.
AND OUR CONCERN IS WITH THE
AGGREGATED PORTION BECAUSE WE
ALREADY COLLECT AND ASK FOR DE
IDENTIFIED DATA.
IT WOULD RESTRICT OUR ABILITY TO
COLLECT -- INDIVIDUAL TRIP DATA
WHICH REALLY IMPACTS THE WAY
THAT WE MAKE DECISIONS ARE ABOUT
OUR PROGRAM SPECIFICALLY WE NEED
IT TO BE DE AGGREGATED SO THAT
WE KNOW WHERE WE NEED.
MORE APPROPRIATE INFRASTRUCTURE
SUCH AS BIKE LANES -- WE ALSO
NEED -- NEED TO ENSURE THAT
SERVICES BEING PROVIDED AND
UNDERSERVED IN NEIGHBORHOODS AND
ACCESS TO THIS DATA WILL ALSO --
ALLOW US TO MANIPULATE IT SO
THAT WE CAN COME.
CREATE MAPS COMPARING WERE
SCOOTERS DOC LIST BY ACHES
DOCTORED BIKE TRIPSARE ALL
OCCURRING TO ALSO FURTHER.
INFORM KEEP A FUTURE CAPITAL
INVESTMENTS -- IF WE RECEIVE
ONLY AGGREGATED DATA THAT'S
REALLY GOING TO TIE OUR HANDS IN
DOING THAT IN ANY MEANINGFUL
SORT OF WAY -- AND WE STILL HAVE
WE STILL RETAIN THE BROADER
CONCERNS OF THE BILL EVEN THOUGH --
SOME OF THE LANGUAGE HAS BEEN
TONED DOWN WE STILL HAVE
CONCERNS ABOUT UNDULY
RESTRICTIVE REQUIREMENTS THERE'S
NO DEFINITION OF THAT.
AND WE ALSO HAVE.
A LACK OF CLARITY ON WHAT IT
MEANS TO OPERATE BELOW COST FOR
THE PRIVATE SCOOTER COMPANY SO
THOSE ARE CONCERNED THANK YOU
FOR YOUR CONSIDERATION.
THANK YOU VERY MUCH OF THE
CHANEL INDIVIDUALS IN OPPOSITION.
SMITH ACCORDING TO THE
ELECTRONIC FRONTIER FOUNDATION
WOMEN OPPOSE UNLESS AMENDED
POSITION ON THIS BILL AND WOULD
LIKE TO THINK THE AUTHOR AS WELL
AS THE COMMITTEE THE ANALYSIS
AND THE AMENDMENTS PROVIDED WHEN
A VERY LONG WAY TO INCREASING
OUR COMFORT LEVEL -- WITH THIS
MEASURE WOULD BE HAPPY TO WORK
WITH THE AUTHOR -- AS YOU SEEK
TO TRY AND SOLVE SOME OF THE
OTHER NUANCES MENTIONED
PREVIOUSLY WE WE HAPPEN TO BE ON
THE OTHER SIDE OF THAT ARGUMENT
AND AND CERTAINLY APPRECIATE THE
AMENDMENTS TAKEN TODAY IN
REGARDS -- TO AGGREGATED DATA WE
DO HAVE SOME CONCERNS
OUTSTANDING -- IN REGARDSTO
INTERPLAY BETWEEN THE ELECT
KALACH BUT AS WELL AS THE CPA
AND WE'D BE HAPPY TO DISCUSS
THOSE WITH YOU THANK YOU THANK
YOU VERY MUCH.
THANKS PLEASE.
RUN OVER TO HERE ON BEHALF OF
THE CALIFORNIA CITIES -- WE'RE
KIND OF IN ITS WIENER POSITION
WE DON'T HAVE A FORMAL POSITION
AT THIS POINT.
I REALLY WANT TO THANK THE
AUTHORS LEADERSHIP.
ON THIS ISSUE -- I UNDERSTAND
HOW IMPORTANT THIS MODE OF
TRANSPORTATION IS FOR OUR OUR
CITIES -- AS AN ALTERNATIVE --
TO GET OUT OF YOUR CARS AS I DO
APPRECIATE YOUR LEADERSHIP ON
THAT AND THE AMENDMENTS THAT
YOU'VE TAKEN SO FAR I THINK IT'S
A MAJOR STEP IN THE RIGHT
DIRECTION SO KUDOS TO THIS
COMMITTEE -- FOR THOSE
AMENDMENTS I DEFINITELY
APPRECIATE WANT TO SEE WHAT
THOSE MOMENTS A LOOK LIKE WHEN
THE GOING TO PRINT -- AND THEN
WE WILL REVIEW OUR POSITION --
AT THAT POINT I WANT TO THANK
THE AUTHOR FOR HER WILLINGNESS
TO WORK WITH US ON OUR CONCERNS
AND ALSO THE COMMITTEE AS WELL
SO THANK YOU.
THANK YOU VERY MUCH --
ADDITIONAL OPPOSITION SCENE AND
LET'S BRING BACK TO COMMITTEE
QUESTIONS COMMENTS FROM
COMMITTEE MEMBERS.
DO I HAVE A MOTION.
WE DO HAVE A MOTION ARI WE NEED
A SECOND.
ALL THANK YOU MISTER CHAIRMAN
FOR BRINGING THE BILL FORWARD IN
THANK YOU ALSO FOR ACCEPTING THE
AMENDMENTS SO I THINK I THINK
THE AMENDMENT STRIKE -- THE
RIGHT BALANCE -- BETWEEN OUR
PRIVACY AND UP THE ARE GIVING
CITIES FOR EXAMPLE
TRANSPORTATION DATA THAT THEY
NEED.
AND IT ALSO -- ADDRESSES SOME OF
THE ISSUESOF COMPATIBILITY
ISSUES WITH THE OTHER SIMILAR
BILL AND THAT'S THE MERITS WHICH
HE BUILT.
AND ALSO FINALLY GIVES CONTROL
CONTROL TO LOCAL GOVERNMENT.
ADD A SOB I THINK THERE'S A
LITTLE BIT MORE WORK TO BE DONE
I THINK AS FAR AS IT'S BEEN
BROUGHT UP ABOUT REGARDING THE
AGGREGATED DATA I THINK THAT.
THAT'S IN CONNECTION WITH THE
CALIPERS SITUATION I UNDERSTAND
THAT UNDER CAL APP.
ON THEIR SUPPOSED TO GET A
WARRANT FOR FOR THE INFORMATION
SO THERE IS SOME INFORMATION
THERE IS A LITTLE BIT OF MORE
MORE WORK TO BE DONE SO I WANT
TO ENCOURAGE YOU TO CONTINUE
WORKING WITH THE OPPOSITION AND
ALSO WITH THE MISTER MERCER CHIA.
ON HIS COULD A BILL AND I I
THINK -- YOU KNOW YOU ALREADY
MADE A VERY GOOD ATTEMPT TO DO
SO AND I THINK WE HAVE US --
BASICALLY RESOLVE A LOT OF THE
CONFLICTS ARE READY SO THANK YOU
VERY MUCH WITHOUT IT WOULD YOU
LIKE TO CLOSE.
IS THAT WE WHAT ARE ABSOLUTELY
COMMITTED TO CONTINUING WORKING
WITH ALL THE DIFFERENT
STAKEHOLDERS -- SAN FRANCISCO
YOU KNOW CERTAINLY -- HAS THE
ORDINANCE AND I I I I WANT TO
SAY IT GENTLY BUT YOU KNOW THE
THE COMMITTEEAND THE OTHERS
HAVE TOLD US THAT.
THERE WERE LEGAL ISSUES WITH US
FOLLOWING THE SAME ROAD AND SO
THEY MAY VERY WELL RUN INTO SOME
OF THE SAME ISSUES HERE -- BUT I
CERTAINLY UNDERSTAND THE
PERSPECTIVE AND THEY'VE BEEN A
VERY GOOD OPERATOR IN THE FIELD
SO.
WE DON'T WANT UNDERMINE THEM IN
ANY WAY EITHER SO WE'LL CONTINUE
TO TALK TO THEM AND ANY OTHER
STAKEHOLDERS.
THANK YOU VERY MUCH OF THE
MOTION IS TO PASS AS AMENDED TO
THE ASSEMBLY FLOOR SO WITHOUT
THE ROLL CALL PLEASE.
CHAU HI SO I KILEY KILEY I'VE
BAUER-KAHAN HI BAUER-KAHAN I
BERMAN.
BERMAN I CALDERON GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHE I OR ONE WHEN I
OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH I WEEKS.
WICKS.
THE BILL IS OUT THERE ARE
CONGRATULATIONS THANK YOU FOR
BEING HERE [inaudible]
WE HAVE.
NEXT WE HAVE MR LEVIN'S BILL.
WELCOME MR LEVINE.
YOU HAVE A ITEM NUMBER NINE AND
THAT IS -- AB SIXTEEN NINETY
NINE ANYTIME YOU'RE READY I
THANK YOU VERY MUCH MR CHAIRMAN
MEMBERS TODAY AT PRESENT AB
SIXTEEN NINETY NINE WHICH WILL
PROHIBIT A MOBILE INTERNET
SERVICE PROVIDER FROM IMPAIRING
OR TO GRADING THE LAWFUL
INTERNET TRAFFIC.
OF ITS PUBLIC SAFETY CUSTOMER
ACCOUNTS DURING A DECLARED TATE
OF EMERGENCY ONE RESPONDING TO
DECLARE A STATE OF EMERGENCY
PUBLIC SAFETY PERSONNEL.
MAY UTILIZE THE STATEWIDE MUTUAL
AID SYSTEM TO REQUEST ASSISTANCE
OF NEIGHBORING JURISDICTIONS.
THE EFFECTIVE DEPLOYMENT OF THE
SYSTEM REQUIRES A HIGH DEGREE OF
COORDINATION BETWEEN DEPARTMENTS
AND REAL TIME UPDATES VIA
SPECIALIZED COMMUNICATIONS
EQUIPMENT.
IN TWENTY EIGHTEEN THE SANTA
CLARA COUNTY FIRE OFFICIALS
COMBATING THE MINNESOTA COMPLEX
FIRE EXPERIENCE DATA THROTTLING
OF THEIR COMMUNICATIONS
EQUIPMENT AS NOTED BY CHIEF
ANTHONY ABOUT IN OF SANTA CLARA
COUNTY.
THE THROTTLING HAD A SIGNIFICANT
IMPACT ON THEIR ABILITY TO
PROVIDE EMERGENCY SERVICES AND
IMPEDED THEIR ABILITY TO PROVIDE
CRISIS RESPONSE AND ESSENTIAL
EMERGENCY SERVICES.
IS RESPONSIBILITY OF THE STATE
TO PROVIDE PUBLIC SAFETY
PERSONNEL WITH FULLY FUNCTIONING
EQUIPMENT AND WHILE STEPS HAVE
BEEN TAKEN BY PROVIDERS TO
NEGATE.
A REPEAT SITUATION.
AB SIXTEEN NINETY NINE WILL
ENSURE THE DATA THROTTLING OF
PUBLIC SAFETY COMMUNICATIONS
EQUIPMENT IS NEVER REPEATED HERE
WITH ME TO TESTIFY IN SUPPORT.
IS CHIEF JEFF MASTON OF THE
CALIFORNIA FIRE CHIEFS
ASSOCIATION BIGGER MUCHA.
OF COURSE WHEN IS PLEASE WELCOME
MISTER CHAIR AND MEMBERS OF THE
COMMITTEE THANK YOU FOR
LISTENING TO US TODAY -- LET ME
I'LL GIVE YOU A LITTLE STORY
ABOUT WHAT REALLY HAPPENS IN THE
FIELD WHEN WE HAVE INCIDENTS --
WE GENERALLY SYMBOL FIVE ENGINE
COMPANIES AND A LEADER AND WE
CALL THAT A STRIKE TEAM.
AND WHEN WE GO INTO THESE
NEIGHBORHOODS OFTENTIMES WE'VE
NEVER WORKED WITH THESE PEOPLE
ON THE ENGINES BEFORE.
SO WOULD BE NOT UNCOMMON TO HAVE
YOUR CELL PHONE AND YOU WOULD TO
PLUG IN ALL THE DATA FOR ALL
TWENTY MEMBERS OF THAT TEAM.
AND IS A STRIKE TEAM LEADER YOU
WOULD GO AND USS NEIGHBORHOOD
AND DETERMINE WHETHER THE
PRIORITIES IF I WERE TO COME TO
THE FIRST TIME THEY SEE A
PROPANE TANK.
I'LL TAKE A PICTURE OF IT
BECAUSE I KNOW THAT IF FIRE A
SURROUNDS IT IT'LL EXPLODE I
SHARE THAT WITH ALL MEMBERS.
AND THEN I GO DOWN THE STREET
NOW TO SAM AND PUT AN ENGINE
COMPANY HERE AND I SEE POWER
LINES ARE DOWN AGAIN A VERY STE --
DANGEROUS SITUATION I WOULD TAKE
A PICTURE OF THAT AND SHARE THAT
THROUGHOUT.
AND IS I GO DOWN TO THE END OF
THE COLD CHECK I UNDERSTAND IS
BLOCKED AND IF WE HAVE ANY
ESCAPE ROUTE WE CAN'T USE THAT
SO I WOULD TAKE A PICTURE OF
THAT.
AND SHARE WITH ALL TWENTY
MEMBERS SO WE HAVE BECOME SEMI A
SOPHISTICATED AND ARE A WHILE
LAND IN ALL RESPONSE AND THE
CELL PHONE HAS BECOME THE
BACKBONE OF WHAT WE DO WE HAVE
MAPPING ON THERE.
WE HAVE THE ABILITY TO TEXT
MESSAGE ALL TWENTY MEMBERS
SIMULTANEOUSLY -- AND ALSO A
RADIO PROTOCOLS DO NOT ALLOW US
TO REALLY GIBBER JABBER ON THE
ON THE RADIOS WERE GOING INTO A
AND AREA SO WHEN WE DON'T HAVE
THOSE TOOLS AVAILABLE TO US.
IT'S DANGEROUS FOR THE CITIZENS
THAT WE SERVE ITS DANGERS FOR
THE THE FIREFIGHTERS THAT ARE
THERE AND IT'S REALLY I'M I'M
PORTANT ISSUE THAT WE BRING DATA
BACK AND FORTH WITH EACH OTHER
SO WE REALLY HOPE THAT YOU WILL
SUPPORT THIS BILL.
WE'RE VERY THANKFUL FOR ASSEMBLY
MEMBER LEVINE TO BRING THIS
FORWARD AND WE WOULD LIKE TO
RESOLVE THIS BECAUSE THIS WILL
BEST SERVE.
THE CALIFORNIA CITIZENS THANK
YOU SIR THANK YOU VERY MUCH
ADDITIONAL WITNESSES IN SUPPORT
OF THE BILL -- MICHAEL RIGHT
AGAIN ON BEHALF OF THE BOARD OF
SUPERVISORS SANTA CLARA COUNTY
AND STRONG SUPPORT.
THANK YOU MUCH NEXT PLACE.
SMITH THE COURT ON BEHALF OF THE
ELECTRONIC FRONTIER FOUNDATION A
FOUNDATION EXCUSE ME -- WOULD
LIKE TO THINK THE AUTHOR FOR
BRINGING THIS ISSUE FORWARD AND
WE'RE IN STRONG SUPPORT THANK
YOU THANK YOU NEXT PLACE
[inaudible]
OPPOSITION.
MISTER CHAIR MEMBERS STEVE
CARLTON Và CTI A WE'VE BEEN
WORKING WITH THE AUTHOR AND
CONTINUE TO WANT TO WORK WITH
THE AUTHOR ON THESE ISSUES --
THE PUBLIC SAFETY COMMUNITY --
AND THE SAFETY OF OUR CUSTOMERS
IS A TOP PRIORITY THE WIRELESS
INDUSTRY -- THE INCIDENT THAT
WAS -- RECAP TO THE ANALYSIS WAS
AN UNFORTUNATE ONE ISOLATED IN
UNIQUE INCIDENT -- IT WAS A
CUSTOMER SERVICE BLUNDER -- NOT
AN INDUSTRY POLICY -- WE'VE ALRP
VALUE OUR PARTNERSHIP WITH FIRST
RESPONDERS AND COLLABORATIVE
COOPERATE CLOSELY ON MANY PUBLIC
SAFETY ISSUES INCLUDING.
NINE ONE ONE WIRELESS EMERGENCY
ALERTS SUPPORT DURING
EMERGENCIES NATURAL DISASTERS
AND MORE.
WHATEVER FOR THE AUTHOR IN A
PUBLIC SAFETY PARTNERS TO MAKE
SURE THE BILL'S WORKABLE FOR ALL
STAKEHOLDERS WE ARE WORKING ON
ON SOME PROPOSED AMENDMENTS AND
HOPE TO HAVE THEM -- TO OUR
PUBLIC SAFETY PARTNERS AND
INVESTOR LEVINE -- IN IN VERY
SHORT ORDER AND WHAT THE WORKING
WITH THE COMMITTEE STAFF -- TO
DO THAT.
IS INDICATED WE WANT TO ADDRESS
LIKE SOME LANGUAGE ISSUES
APPROPRIATE TRIGGERS FOR WHAT
CONSTITUTES AN EMERGENCY AND
MAKE SURE WE HAVE AN EFFECTIVE
NOTIFICATION PROCEDURE IN PLACE.
AS TO THE TIMING AND SCOPE OF
THE EMERGENCY SO ALL THIS CAN
WORK SMOOTHLY.
WE DO HAVE SOME CONCERNS THE
CURRENT VERSION OF THE BILL
TOUCHES ON SOME STATE
JURISDICTIONAL ISSUES DEALING
WITH WIRELESS NETWORK MANAGEMENT.
WE HOPE THIS ISSUE AS WELL AS
THE OTHERS NOTED CAN BE
ADDRESSED IN THE COLLABORATIVE
FASHION THAT IS MARKED OUR
LONGSTANDING PARTNERSHIP AND THE
PUBLIC SAFETY COMMUNITY AND WITH
THAT WE WANT TO CONTINUE TO WORK
WITH YOU MISTER [inaudible]
ADDITIONAL OPPOSITION.
SEE NINE LET'S BRING BACK TO
COMMITTEE CHRISTIANS.
COMMENTS.
SEC THANK YOU VERY MUCH --
MISTER LIVING FOR BRING THE BILL
FORD AND IS A VERY IMPORTANT
ISSUE SO AND SO IS SEEMS TO ME
LIKE -- YOU KNOW YOU FOLKS ARE
CONTINUE TO WORK ON A COUPLE OF
MINOR ISSUES TOGETHER SO THAT'S
GREAT NEWS SO I WON ENCOURAGE
YOU TO CONTINUE DOING THAT.
SO WITH THAT -- WOULD YOU LIKE
TO CLOSE.
AT CERTAINLY THANK YOU VERY MUCH
MISTER CHAIR AND THAT'S RIGHT WE
ARE WORKING VERY CLOSELY -- TO
ADDRESS THOSE ISSUES IT AS WELL
AS MR WHEN ALTES QUESTIONS FROM
THE LAST COMMITTEE THAT WE'VE
ADDRESS WITH LET'S COUNSEL TO
SEE IF THERE'S SOME LANGUAGE
THAT WE CAN ALSO CLEAR UP.
YOU WANNA MAKE A POINT THAT --
AFTER THE HEARING WE HELD LAST
YEAR ABOUT THE DATA THROTTLING
THAT OCCURRED IN THE MINUTES IN
A COMPLEX FIRE I HAD HEARD
REPEATED STORIES FROM FIRST
RESPONDERS OF DATA THROTTLING
EXPERIENCES THAT THEY HAD HAD.
THROUGHOUT THEIR SERVICE SO IT'S
NOT.
IT'S NOT A A ONE TIME INCIDENT
THAT DID OCCUR AND I'M GRATEFUL
THAT THIS COMMITTEE -- IS IS
HOPEFULLY GOING TO PASS THIS
BILL THROUGH TODAY SO THAT WE
CAN RESOLVE THIS THANK YOU I
RESPECTFULLY ASK FOR AN AYE VOTE.
VERY GOOD I THINK THERE'S A
MOTION DO I HAVE A SECOND FOR
THE THE BILL HAS BEEN MOVED AND
SECONDED TO MADAM SECRETARY --
THE BILL IS THE MOTION IS TO
PASS TO THE ASSEMBLY FLOOR SO
WITH THAT THE ROLL CALL PLEASE.
TELL.
HI SO I'D KILEY KILEY AYE BY
BAUER-KAHAN HI BAUER-KAHAN I
BERMAN.
BERMAN I CALDERON GABRIEL.
GABRIEL I GALLAGHER.
GALLAGHER I IRWIN.
OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH FIVE WEEKS.
WICKS I YOUR BILL IS AL
CONGRATULATIONS THANK YOU VERY
MUCH MR CHAIRMAN MEMBERS.
THANK YOU.
CASH HANDLING SYSTEM AREA THAT
BRINGS US TO MISTER CUNNINGHAM
IS BILL.
AND THAT IS ITEM -- NUMBER FIVE
A. B. THIRTEEN NINETY FIVE
WELCOME MISTER CUNNINGHAM
ANYTIME YOU'RE READY YOU MAY
PROCEED THANK YOU MISTER CHAIR
AND MEMBERS.
I'M HERE TODAY TO PRESENT AB
THIRTEEN NINETY FIVE THE ANTI
EAVESDROPPING ACT.
I'D FIRST LIKE THIS THANK THE
COMMITTEE STAFF FOR WORKING SO
HARD WITH US ON THIS BILL I
THINK WE'VE.
GOT AN IMPROVED PRODUCT ALTHOUGH
MAYBE NOT A FINAL WORK PRODUCT
AND ALL EXPLAIN WHY IN A MINUTE --
THERE CAN BE NO DOUBT THE
INNOVATION TWENTY FIRST CENTURY
IS TRANSFORMED OUR LIVES WE HAVE
SEEN MANY NEW PRODUCTS THAT MAKE
OUR LIVES EASIER AND MORE
ENJOYABLE.
SOME THESE PRODUCTS ARE SO
CALLED SMART SPEAKERS.
IN THE CUNNINGHAM HOUSEHOLD WE
HAVE A BUNCH OF SMART SPEAKERS
WE USE THEM TO GREAT EFFECT.
WHEN I MAKING BREAKFAST FOR THE
KIDS I LIKE TO PLAY CLASSIC ROCK
MUSIC ON THE SPEAKER?
THE PLAY RAN SOUNDS MIKE YOUNG
BOYS ARE TRYING TO FALSELY PUTS
IT TROUBLE DOING -- WE AS THE
GIRLS GET UP AND THEY THEY CHECK
THE WEATHER ON A SMART SPEAKER
THEY THERE'S A A TREMENDOUS
BENEFIT TO HAVING AN INTER INTER
CONNECTED HOME SO.
I WANT TO SAY FROM THE OUTSET
I'M A PERSONAL USER THESE
PRODUCTS AND I THINK THEY'RE
THEY'RE WONDERFUL PRODUCTS
HOWEVER -- WELL I I SHOULD LAST
NOTE THAT WE'RE NOT ALONE IN
USING THESE PRODUCTS IT WAS
REPORTED THE AMAZON -- WITH
THEIR ALEXA VERSION OF A SMART
SPEAKERS SOLD OVER A HUNDRED
MILLION UNITS ALREADY THIS
TECHNOLOGY IS ONLY BEEN OUT FOR
A COUPLE YEARS -- BUT WE HAVE
SEEN IN MEDIA REPORTS A RECENTLY
THAT THESE DEVICES ALSO HAVE THE
CAPACITY TO RECORD OUR PRIVATE
CONVERSATIONS IN THE HOME
WITHOUT OUR CONSENT.
AND THERE'S NOTHING MORE
PERSONAL AND NOTHING MORE
FUNDAMENTAL I WOULD SUBMIT TO
YOU.
WITH RESPECT TO PRIVACY THAN
MAINTAINING THE INTEGRITY AND
PRIVACY IN THE HOME.
A THAT WAS A BIG DEAL IN THE IN
THE BILL RIGHTS THE THIRD
AMENDMENT FOURTH AMENDMENT.
AND THEN AS THE CONSTITUTION
WERE PREMISED ON MAINTAINING
PRIVACY IN THE HOME AGAINST
GOVERNMENT TROOPS.
IN CALIFORNIA WE HAVE A LONG
HISTORY PROTECTING PRIVACY IT'S
THE RIGHT IN OUR STATE
CONSTITUTION MANY STATES DON'T
HAVE THAT RIGHT.
OUR PENAL CODE CRIMINALIZES
EAVESDROPPING -- THE RECORDING
OF A PRIVATE CONVERSATION
WITHOUT CONSENT IS ACTUALLY A
CRIME CALIFORNIA UNLIKE MANY
OTHER STATES.
HOW TO PROTECT PRIVACY IN THE
HOME MAY BE?
THIRTEEN NINETY FIVE WILL
PROVIDE THE MANUFACTURE OF AN
INTER CONNECTED DEVICE WITH THE
VOICE RECOGNITION FEATURE.
I YES MARCH SPEAKER CANNOT STORE
RECORDINGS AND SELLING SHARE
DATA AND RECORDINGS A PERSONAL
CONVERSATIONS.
WITH A THIRD PARTY AND LAST THE
CONSUMER PROVIDES EXPRESS.
WRITTEN CONSENT.
IT'S AN OFTEN REQUIREMENT AS
OPPOSED TO OPT OUT IF THE
CONSUMERS FINE WITH IT -- THEN.
NO PROBLEM THEY GIVE PERMISSION
AND THE MANUFACTURER CAN USE THE
DEVICE AND USE THE RECORDINGS
AND DO WHATEVER THEY WANT WITH
THEM TO ENHANCE THE USER
EXPERIENCE -- BUT THE CONSUMER
SHOULD HAVE THE CHOICE.
THIS BILL SEEKS TO RESTORE TRUST
IT SEEKS.
TO ALLOW OUR CONSTITUENTS TO
ENJOY THE MANY BENEFITS OF AN
INTERCONNECTED HOME.
I WILL SETTING A BASELINE OF
PRIVACY THAT ALLOWS THE INDUSTRY
TO FLOURISH.
WITH ME HERE TODAY'S AT HOWARD
WITH WORKING PARTNERSHIPS USA.
TO SPEAK IN SUPPORT OF THE BILL
THANK YOU THANK YOU VERY MUCH
YOU'RE WELCOME GOOD AFTERNOON MR
MEMBERS AT HOWARD ON BEHALF OF
WORKING PARTNERSHIPS USA WHICH
IS A SILICON VALLEY BASED
COMMUNITY ORGANIZATION.
WHOSE AIM IS TO ENSURE THAT THE
PROSPERITY OF THE DIGITAL
ECONOMY IS BROADLY SHARED --
MISTER MEMBERS WE WERE PERSUADED
TO SUPPORT THE BILL BASED ON THE
AMENDMENTS AT THAT ARE REFLECTED
IN THE ANALYSIS AND WE HOPE THAT
YOU WILL AS WELL. FOR THREE
REASONS THE FIRST IS HOPEFULLY
WE CAN ALL AGREE THAT PERHAPS
OTHER THAN PUTTING A CAMERA IN
YOUR HOME THE ABILITY OF
TECHNOLOGY TO EAVESDROP ON YOUR
MOST INTIMATE AND PERSONAL
CONVERSATIONS IN THE HOME.
BETWEEN YOUR WIFE BETWEEN YOUR
HUSBAND DEALING WITH YOUR
CHILDREN IS PERHAPS THE MOST
SERIOUS PRIVACY INVASIVE RISK
IMAGINABLE.
WE BELIEVE THAT TO SIMPLY BE
TRUE.
THE SECOND IS THAT THE CCPA.
DOES NOT REALLY GRAPPLE WITH THE
KIND OF PERSONAL INFORMATION
REVEALED IN A RECORDED
CONVERSATION IN SEVENTEEN NINETY
EIGHT POINT -- ONE FOR THE
DEFINITIONS OF PERSONAL.
INFORMATION DEAL WITH THINGS
LIKE IDENTIFIERS LIKE SOCIAL
SECURITY NUMBER AND THOSE SORTS
OF THINGS OR INTERNET BROWSING
HISTORY.
IT'S MORE REALLY ABOUT WHO YOU
ARE.
AND WHAT YOU MIGHT DO.
BUT NOT VERY CLEARLY IF AT ALL
ABOUT WHAT YOU SAY.
AND THE FACT THAT THE CCPA DID
NOT REPEAL.
THE TELEVISION EAVESDROPPING
STATUTE THAT THE AMENDMENTS
AMEND IN THE ANALYSIS.
IS AT LEAST INFERENTIAL LEE.
OF THE FACT THAT THERE IS A
SPECIAL NEED HERE FOR PRIVACY
AND THAT THE CZ P. A. DOES
SOMETHING DIFFERENT.
THAN WHAT IS PROPOSED BY THIS
BILL PROPORTIONAL TO THE
POTENTIAL PRIVACY INVASION.
AND THE THIRD AND FINALLY I
THINK THIS IS ONE OF THE
INSTANCES.
WHERE THE LANGUAGE OF THE BILL
AS IT IS PROPOSED TO BE AMENDED
ITSELF MAKES THE BEST CASE FOR
VOTING FOR THE BILL ON PAGE
SEVEN OF YOUR ANALYSIS THE
AMENDMENTS -- THE PROPOSED
AMENDMENTS BEGINNING YOU WILL
SEE.
THAT ALL WE'RE TALKING ABOUT
HERE WHEN WE'RE TALKING ABOUT
THE POSSIBILITY OF RECORDED
CONVERSATIONS BETWEEN YOU AND
YOUR FAMILY IN YOUR HOME.
IS REALLY TWO THINGS.
THE FIRST IS THAT THE WARNING
ABOUT THAT HAPPENS NOT AT SOME
OTHER OCT IN PLACE BUT DURING
THE INSTALLATION OF THE PRODUCT
THAT'S THERE IN SUBDIVISION A
THAT SEEMS PROPORTIONAL TO THE
SERIOUSNESS.
OF THE IDEA OF A RECORDED
CONVERSATION IN YOUR HOME WHICH
IS WHY WE DID IT FOR TELEVISIONS
AND WHICH IS WHY DIDN'T DO WORD
EVEN AFTER THE CCPA WAS AN ACTOR.
THE SECOND IS THE ASSEMBLY
MEMBER SAID OR TALKING ABOUT
CONSUMER CONSENTED IT IS WRITTEN
AGAIN IF YOU'RE GOING TO BE
RECORDING CONVERSATIONS THAT
TAKE PLACE IN THE HOME.
SO FOR THOSE REASONS WE
RESPECTFULLY ASK FOR DR.
THANK YOU VERY MUCH ADDITIONAL
SUPPORTERS -- PLEASE COME
FORWARD.
SEEN AN OPPOSITION PLEASE COME
FORWARD.
WELCOME THANK YOU MISTER CHAIR
ACCORDING JENSEN ALTEC MATT AND
I IN OPPOSITION -- WE APPRECIATE
THE DIRECTION OF THE BILL AND
AND THE AMENDMENTS I'M IN THE
ANALYSIS -- WE DID SEE THE
AMENDMENTS ON FRIDAY SO ARE
STILL DIGESTING -- AND STILL
SORT OF LOOKING THROUGH THAT THE
NEW DIRECTION THAT THIS BILL'S
GOING AND SORT OF JUST ONE TO
ADD COME UP HERE AND AND KIND OF
TALK ABOUT HOW THESE DEVICES
WORK AND WHAT THEY DON'T DO.
AND DEVICES ARE NOT LISTENING IN --
AFTER THE FACT COMPANIES MAY
REVIEW A SMALL NUMBER OF DE
IDENTIFIED UTTERANCES RECORDED
FROM A RANDOM SET OF CUSTOMERS
IN ORDER TO AUDIT AND IMPROVE
MACHINE LEARNING TOOLS.
SO FOR EXAMPLE THIS INFORMATION
HELPS TRAIN SPEECH RECOGNITION
AND NATURAL LANGUAGE SYSTEMS SO
A DEVICE CAN BETTER BETTER
UNDERSTAND YOUR REQUEST ENSURE
THE SERVICE WORKS FOR EVERYONE --
BY DESIGN VOICE DEVICES DETECT A
SPECIFIC WORD TO WAKE UP LIKE A
VERBAL ON BUTTON AND THE DEVICE
DETECTS THE WAKE WORD OF THE HOT
WORD AND WHATEVER IT'S CALLED BY
IDENTIFYING ACOUSTIC PATTERNS.
THAT MATCH THAT WORD NO AUDIO IS
STORED OR SENT TO THE CLOUD
UNLESS THE DEVICE FIRST DETECTS
THE WAKE WORD OR IN SOME A
BUTTON IS ACTUALLY PUSHED.
AND IN RARE CASES A VOICE DEVICE
WILL WAKE UP DUE TO A WORD AND
BACKGROUND CONVERSATION AND
COMPANIES CONTINUE TO IMPROVE
WAKE WORD ACCURACY AND MINIMIZE
FALSE RESPONSES IN PART BY
REVEALING RECORDINGS.
I ALSO WANT TO STATE THAT
MANUFACTURERS OF THESE DEVICES
ALREADY GIVE CONSUMERS CONTROL
OVER THEIR RECORDINGS CONSUMERS
CAN ALREADY ACCESS MANAGE AND
DELETE RECORDINGS ASSOCIATED
WITH THE CONSENT CONSUMERS
ACCOUNT.
SO IF FOR EXAMPLE IF YOU HAVE
ONE OF THESE DEVICES IN YOUR
HOME YOU CAN ACTUALLY GO ON TO
YOUR ACCOUNT SEE WHAT WAS
RECORDED.
AT REVIEW IT AND DELETE IT IF
YOU WOULD LIKE TO AND SO YOU
ALREADY HAVE THAT OPTION AS A
CONSUMER.
AND TO THE CCPA POINT CCPA WAS
WRITTEN TO ENCOMPASS ALL
TECHNOLOGIES -- AND YOU KNOW WE
WE UNDERSTAND THAT THIS IS --
YOU KNOW TECHNOLOGY THAT IS --
GROWING AND PEOPLE ARE LEARNING
MORE ABOUT -- BUT WE THINK THAT
TECHNOLOGY SPECIFIC BILL I'M
WHEN WE'RE STILL DEALING WITH
THE C. C. PAY AND THE
IMPLEMENTATION OF THAT I'M MAY
NOT BE NECESSARY -- AND
ESPECIALLY WITH THE A BREATH OF
THE CCPA IN THE PERSONAL
INFORMATION DEFINITION IN CCPA
WHICH IS WHICH DOES COVER --
RECORDINGS AUDIO VISUAL I'M
PURCHASE HISTORY MANY OTHER
THINGS -- IN THE C. C. P. AS YOU
ALL ARE VERY WELL AWARE AT THIS
POINT AND SO WE DO BELIEVE THAT
ENTERING AND HAVING A NEW BILL
THAT IS NOT.
INTRODUCING A CONSUMER OPT IN
WHEN WE ALREADY HAVE A CONSUMER
OPT OUT COULD BRING ON A LEVEL
OF CONFUSION TO THIS MARKET
PLACE -- AGAIN WE ARE CONTINUING
TO ROUTE REVIEW THE LANGUAGE BUT
SOME OF THE ISSUES THAT WE HAVE
IDENTIFIED THERE'S NO DEFINITION
OF THIRD PARTY -- WRITTEN
CONSENT -- YOU KNOW THAT COULD
BE A WITH A WHOLE HOST OF THINGS
IF WE WANT TO TALK ABOUT --
AUTHORIZATION AND THAT MAYBE
SOMETHING BY A WRITTEN CONSENT --
COULD BE VERY BROAD AND THERE'S
NO DEFINITION OF HOW THAT THAT
WOULD -- TAKE PLACE IN A LOT --
SHARING -- THERE'S NO DEFINITION
OF SHARING OR SOLD -- DURING
INSTALLATION WHAT DOES THAT
NECESSARILY MEAN -- SO GIVEN THE
FACT THAT WE'VE SEEN THIS BILL
ON FRIDAY THE LANGUAGE ON FRIDAY
WORD WERE WORKING THROUGH A
WHOLE HOST OF ISSUES THAT WE CAN
SEND YOU TO SEE AND THIS
LANGUAGE.
AND AND SO WE ARE IN AN OPPOSE
POSITION AND BASED ON THAT --
EVEN THOUGH WE APPRECIATE THE
THE WORK OF THIS COMMITTEE THANK
YOU THANK YOU MUCH ADDITIONAL
INDIVIDUALS IN OPPOSITION
TERRIBLE WITH CAL CHAMBER -- WE
ASSOCIATE OUR COMMENTS FOR THOSE
OF TECH NOT AND WE'RE OPPOSITION
THANK YOU THANK YOU MUCH NEXT
PLEASE.
GIVE ME KILLINGS INTERNET SO SHE
XIN ALSO IN OPPOSITION.
THANK YOU MUCH NEXT PLEASE.
KELLY HIT WITH COUNTY IN
OPPOSITION THANK YOU.
LET'S BRING BACK TO THE
COMMITTEE QUESTIONS COM COMMENTS
OF THIS WEEK'S FIRST AND THEN
MISTER OBERNOLTE THANK YOU I
JUST WANNA THANK THE AUTHOR FOR
BRINGING THE BILL HERE -- I'M A
CO AUTHOR OF THE SUPPORTING ITS
DAY APPRECIATED ESPECIALLY AS
TECHNOLOGY ADVANCES -- I THINK
IT'S IMPORTANT THAT WE REALLY
STATUS THESE SORT OF BASELINE
LEVELS OF PRIVACY PARTICULARS
PERTAINS TO WHAT'S HAPPENING IN
OUR HOMES WHICH I THINK SOME OF
OUR MOST.
YOU KNOW INTENSE INTERESTING
CONVERSATIONS HAPPEN SO I JUST
WANT TO THANK THE AUTHOR WILL BE
SUPPORTING THE BILL.
MR OBERNOLTE THANK YOU MISTER
CHAIR I'M.
I UNDERSTAND WHAT YOU'RE TRYING
TO DO I'M TRYING TO GET
PERSONALLY TO POSITION OF
SUPPORT BUT I HAVE SOME SERIOUS
CONCERNS THAT I JUST WANT TO
HAVE A CONVERSATION ABOUT.
FIRST WILL JUST TO MAKE SURE
THAT I'M UNDERSTANDING CORRECTLY
BECAUSE THE ANALYSIS ISN'T VERY
CLEAR.
THE YOU'VE MOVE WHERE THIS BILL
THE SECTION OF CODE THAT THIS
BILL IS LOCATED IN RIGHT IN THE
IN THE AMENDMENTS SO.
IS IT OF THE AMENDMENTS THAT
YOU'RE TAKING COMPLETELY DID
DELETE THE ENTIRE BILL IT'S IN
PRINT AND REPLACE IT WITH THE
AMENDMENTS IN THE ANALYSIS IS
THAT RIGHT THAT'S CORRECT AND
THE THE REASON FOR THAT AND
WORKING WITH COMMITTEE STAFF WAS
THAT WE ORIGINALLY HAD THE
CONCEPT OF THIS -- IN AND WE'RE
GONNA AND THEN THE CIVIL CODE
AND SINCE THE THERE'S A BASELINE
ALREADY AND A STATUE IN THE
BUSINESS AND PROFESSIONS CODE
THAT APPLIES. TO SMART
TELEVISIONS SO IT MADE A LOT
MORE SENSE TO PUT THIS LANGUAGE
INTO THE BUSINESS AND
PROFESSIONS CODE AND EXTENDED TO
OTHER TYPES OF ENABLED DEVICES.
I COMPLETELY AGREE WITH YOU I
THINK IT MAKES A LOT MORE SENSE
THE WAY THAT YOU'VE DONE IT IN
THE AMENDMENTS YOU CAN THANK
COMMITTEE BECAUSE IT WAS THIRD.
FOR AWHILE MANY LET'S TAKE IT
OFF AND WHAT WELL I'M IF I'M
TAKING COMMITTEE LET ME JUST SAY
THAT IT WOULD BE MUCH MORE
HELPFUL BEFORE FOR THOSE OF US
THAT LIKE TO DO THINGS
ELECTRONICALLY WHEN YOU SAY
STRIKE OUTLINES BLANK THROUGH
BLANK.
I HAVE NO IDEA WHAT THAT MEANS
THERE'S NO LINE NUMBERS ON THE
ELECTRON AREA SO WE'LL MAKE THAT
TOP.
OUR UPLAND LET'S TALK ABOUT THE
THE MY MAJOR PROBLEM THAT'S
REMAINING WITH THE BILL WHICH IS
THE WORD STORED.
SO THE WAY THAT YOU'VE GOT THE
BILL WORDED RIGHT NOW -- ACTUAL
AUDIO RECORDINGS OF SPOKEN WORDS
COLLECTED THROUGH THE DEVICES
CANNOT BE STORED AND LESS THE
CONSUMER PROVIDES A WRITTEN
CONSENT.
AND I HAVE A PROBLEM WITH THAT
BECAUSE AS A SOMEONE THAT HAS.
WRITTEN CODE FOR THESE KINDS OF
SYSTEMS BEFORE I CAN TELL YOU
IT'S IMPOSSIBLE TO GET THE
DEVICE TO TO OPERATE WITHOUT
STORING IT SO I MEAN.
IN LAYMAN'S TERMS YOUR AMAZON
SPEAKER IS IS GOT A MICROPHONE
AND WHEN YOUR ARE TALKING.
IT'S IT'S DIGITIZING YOU KNOW
THE THE THE MICRA THE INPUT FROM
THE MICROPHONE AND STORING THAT
IN COMPUTER MEMORY AND THEN IT'S
LOOKING AND TRYING TO PARSE THAT
INTO WORDS MATCHING UP AGAINST
YOUR VOICE.
RIGHT -- IT CAN'T GET PAST THAT
FIRST STEP.
WITHOUT STORING IT IN MEMORY
IT'S GOT TO BE STORED THERE
FIRST AND SO.
I'M NOT SURE THAT YOU MEANT IT
TO BE THAT BROAD.
BUT IF YOU MEANT IT TO BE MORE
NARROW LIKE.
IT CAN'T BE TRANSMITTED BACK UP
TO THE MOTHER SHIP.
OR SOMETHING LIKE THAT THAT IN
THAT ANY IDEA IS SO BECAUSE
STILL WHEN YOU SAY STORED IN A
TECHNICAL SENSE THE MOMENT.
YOU READ THAT MICROPHONE INTO
COMPUTER MEMORY IT'S BEEN STORED.
IT'S AYE AYE STE I SEE YOUR
POINT THAT'S A THAT'S A GREAT
POINT YEAH THAT -- WHAT WE'RE
SEEKING TO PREVENT IS THE
RETENTION OF PERSONAL
CONVERSATIONS ARE RECORDED?
I ASSUME IT'S GOING IN THE CLOUD
WORSE OR SOMETHING LIKE THAT
IT'S TRANSMITTED BACK TO THE
MOTHER SHIP.
SO IF WE NEED TO TIGHTEN THE
LANGUAGE TO ACCOMPLISH CYCLE
THAT I THINK WE SHOULD TAKE THE
LANGUAGE.
I MEAN THERE'S BECAUSE THERE'S
NO TEMPORAL ASPECT TO STORED AS
WE'VE WRITTEN.
THIS IS IF I UNDERSTAND THE
CONCERN CREDIT RIGHT SO GOES IN
THE RAM OR SOMETHING RIGHT
COMPUTER MEMORY OF YOUR STORY SO
THEY WOULD HAVE.
THIS SITE WHICH POTENTIALLY
COULD RENDER THE DEVICE IS NON
FUNCTIONAL.
RIGHT YES YEAH THAT'S A PROBLEM
SO.
WE NEED TO CONTINUE TO WORK ON
RICH REFINING INFORMATION WHAT
WE'RE SEEKING. TO TO PREVENT IS
THE ON CONSENTED.
TO RECORDING AND RETENTION OF
PRIVATE CONVERSATIONS IN THE
HOME.
SO SO -- OKAY SO LET ME IT'S
TRICKY STUFF THESE ARE YOU KNOW
YEAH SO LET ME TALK ABOUT A MORE
NUANCED.
CONCERNED WITH THE WORD STORED
SO.
THE OTHER WAY THESE DEVICES WORK
THAT THEY'RE VERY SOPHISTICATED
AND THEY'RE TRAINED OVER TIME
[inaudible] TO RECOGNIZE THE
NUANCES OF USERS VOICE SO IF I'M.
SAYING IF I SAY TOMATO INSTEAD
OF TOMATO.
OVER TIME IT'S GOING TO PICK
THAT UP.
IF I SAY POTATO INSTEAD OF
TOMATO IT CAN LOOK IN THE
CONTEXT OF WHAT I'VE SAID THE
SENTENCE AND REALIZE WHAT I
MEANT EVEN THOUGH THAT MIGHT
MAYBE WAS ALL GARBLED ARTS LEARN
A LITTLE BIT WHEN I SAID IT.
SO.
YOU KNOW THAT HAS GOT TO PERSIST
AND MAYBE THAT'S NOT DATA THAT
COULD SET UP TO THE MOTHER SHIP.
BUT CERTAINLY WITHIN THE DEVICE
THAT'S THINGS THAT THAT'S THAT'S
INFORMATION IS USEFUL FOR THE
CONSUMER TO HAVE THEIR SO.
YOU KNOW I I THINK THAT THE THE
CONCEPT OF WHAT YOU'RE TRYING TO
DO IS YOU DON'T WANT.
THIS RECORDED CONVERSATION BEING
SET UP TO A SERVER SOMEWHERE
THAT.
THAT SOMEONE AT THE COMPANY CAN
ACCESS AND YOU DON'T WANT
SOMEONE TO BE ABLE.
TO CONNECT TO THE DEVICE AND GET
ACCESS TO THAT INFORMATION BUT I
THINK IT'S OKAY IF THE DEVICE
CAN USE THAT INFORMATION IN ITS
OPERATION.
SO IF YOU'RE GOING TO USE THE
WORD STORED IN THERE I THINK
IT'S GOING TO REQUIRE.
A LOT OF TECHNICAL FOCUS ON
EXACTLY WHAT YOU MEAN BY STORED.
WELL I I'D WELCOME A COUPLE
THINGS AND THEN I'D LIKE MY
WITNESS I THINK HE HAS SOMETHING
TO SAID TO ADDRESS THAT AS WELL
AND HE'S PROBABLY MORE TECHNICAL.
TECHNICALLY SAVVY THAN I I GUESS
NOT BUT HAVING A YEAH I I WOULD
ADD TO THIS THIS THOUGHT THOUGH.
IF PEOPLE WANT THAT ENHANCE
EXPERIENCE WHERE THERE'S A
MACHINE LEARNING ELEMENT AND IT
CAME OUT IN THE MEDIA COUPLE
WEEKS AGO AMAZON'S GOT A
THOUSAND POLICE INTO FOUR
DIFFERENT COUNTRIES ARE ACTUALLY
GOING THROUGH CONVERSATIONS MAY.
YOU KNOW MANUALLY AND
TRANSCRIBING THINGS AND SENDING
THAT DATA BACK TO THE COMPANY.
AND I PRESUME AND THEY'RE DOING
THAT.
TO INCREASE THE USER EXPERIENCE
SO THAT THEY CAN LEARN TO MADE
OVERSEAS TOMATO AND SO FORTH
MAYBE DIALECTS ACCENTS WHAT HAVE
YOU.
I DO THINK THE CONSUMER SHOULD
BE GIVEN A CHOICE THOUGH IF THAT
COMES AT A COST OF THEIR PRIVATE
CONVERSATIONS IN THE HOME BEING.
A RECORDED AND RETAINED BY A
COMPANY I THINK THE CONSUMER
SHOULD HAVE.
LIKE YOU COULD SAY AND IT SHE'S
GOT A GOOD POINT I THINK ON
WHICH IS VERY ARTICULATE.
AND MAKES A GOOD POINT ON THE
THE THAT WE PROBABLY NEED TO
REFINE HOW THE WRITTEN CONSENT
WOULD WORK -- WE DO THIS WITH
WARRANTY CARDS AND THINGS OF
THAT SORT HE COULD SENSE
SOMETHING AND YOU COULD HAVE AN
EMAIL HEY WOULD YOU LIKE THE
ENHANCED EXPERIENCE.
IF SO YOU KNOW.
DO YOU CONSENT TO US --
RECORDINGS.
YOUR VERBAL COMMANDS AND YOU
PUTTING THEM THROUGH A MACHINE
LEARNING PROCESS OR SOMETHING TO
IMPROVE YOUR PRODUCTS OF A YOU
KNOW YOU MAKE SURE YOU GET ROCK
MUSIC CANNOT COUNTRY OR WHATEVER
IT IS.
AND THEN PEOPLE CAN SEND AN
EMAIL IN THERE AND YOU KNOW THAT
I WOULD SUBMIT THAT PROBABLY
SOLVE A PROBLEM THAT WOULD PUT
THE CONSUMER BACK IN THE
DRIVER'S SEAT OF THAT.
OF THAT DECISION RIGHT NOW THE
DECISIONS BE MADE FOR THEM
WITHOUT THEIR KNOWLEDGE WHEN
THEY BUY THE DEVICE SO THIS IS
REALLY GETTING TO THE CRUX OF
OUR DISAGREEMENT BECAUSE I DON'T
HAVE.
A PROBLEM WITH MY SMART SPEAKER
RECORDING AND DOING ALL OF THIS
ANALYTICS ON MY MY VOICE AS LONG
AS IT NEVER GOES ANYWHERE ELSE.
I ANY OTHER PEOPLE DOES GO
SOMEWHERE ELSE THOUGH I THINK IT
GOES TO THE CLOUD UNDER THAT ON
THAT'S HOW THEY ARE ABLE TO GET
IT IN THE HANDS OF THE INTERNAL
IS NUANCED CASES THAT WE'RE
TALKING ABOUT.
YOU KNOW WHERE IT'S JUST USED IN
ITS RETAIN STORED IF YOU WILL
BUT IT'S USED.
YOU KNOW INTERNALLY IN THE
DEVICE TO IMPROVE THE USER
EXPERIENCE IN THE FUTURE I DON'T
HAVE A PROBLEM WITH THAT.
SOURCE SAYING THAT YOU DO HAVE A
PROBLEM WITH THAT YOU NEED YOU
YOU THINK THAT.
A USER SHOULD HAVE TO PROVIDE
WRITTEN CONSENT.
YEAH I I I DO HAVE A PROBLEM
WITH IT.
I I THINK THAT THE MAJORITY OF
OUR CONSTITUENTS WOULD HAVE A
PROBLEM WITH IT AND I THINK THAT
AN OPT IN MAKES SENSE BECAUSE
YOU HAVE TO HAVE SAFEGUARDS FOR
PRIVACY COMMENSURATE WITH THE
THREAT TO PRIVACY IN THE THREAT
TO PRIVACY OF A DEVICE THAT.
IN YOUR HOME IN YOUR BEDROOMS IN
YOUR KITCHENS.
INTERCONNECTED AND BEAMING
THINGS BACK BUT YOU'RE SAYING TO
YOUR KIDS AND YOUR SPOUSE OR
PARTNER -- CONSTANTLY AT THAT'S
THAT'S A PRETTY BIG THREAT I
MEAN THERE'S THERE'S NO WAY
AROUND THAT I THINK AND SO I I'M.
I'M SAYING I THINK IT SHOULD BE
AN OPT IN SYSTEM.
BEFORE A COMPANY CAN RECORD YOUR
PRIVATE CONVERSATIONS.
AND IN I'M NOT TRYING.
TO PROHIBIT THE THE USE OF
MACHINE LEARNING OR THE USE OF
THESE CONVERSATIONS IN A IN A
MANNER THAT.
MAKES THE PRODUCT BETTER -- BUT
YOU KNOW WHAT'S WRONG WITH
SAYING LOOK YOU YOU GOT TWO
OPTIONS WE CAN MAKE THE SMART
SPEAKER THE GREATEST THING
THAT'S EVER EXISTED IT CAN --
YOU KNOW.
IN TEN YEARS WILL BE READING OUR
MINDS OF PUTTING COUNTRY MUSIC
ON FOR YOU GET UP I DON'T KNOW.
AS A SO.
BUT YOU KNOW IF PEOPLE WANT TO
HAVE.
CONFIDENCE THAT THE DEVICE IS
NOT.
EFFECTIVELY POTENTIALLY SPYING
ON THEM -- PASSIVELY ALBEIT BUT
IN A RECORDING THINGS THAT THEY
HAVE NOT GIVEN IT PERMISSION TO
RECORD.
THEY CAN OPT FOR I GUESS THE
LOWER TECH VERSION.
SO YOU KNOW WHAT I'M GOOD IF YOU
IF IF I GIVE A VERBAL COMMAND
AND YOU KIND OF MISS UNDERSTAND
A LITTLE BIT AND YOU PUT ON LED
ZEPPELIN'S SAID OF THE STONES
THEN.
I'M OKAY WITH THAT.
MIKE I'D RATHER BE SURE THAT
THIS THING IS NOT RECORDING WHAT
I'M SAYING TO MAKE IT.
SO IT'S IT SOUNDS LIKE.
WE HAVE A DIFFERENCE OF OPINION
ABOUT THAT -- I WOULD I WOULD
REALLY LIKE TO HELP YOU GET THE
BILL TO PLACE WHERE -- HELP IS
APPRECIATED AND WANTED OKAY SO
I'LL TELL YOU WHAT I'M I'M GONNA
LAY OFF TODAY.
AND I'D LOVE TO WORK WITH YOU IN
THE FUTURE TO TRY AND GET GET
THIS TO PLACE WHERE WE'RE
RESPECTING.
THE PRIVACY CONCERNS WHICH
ADMITTEDLY ARE THERE AND NEED TO
BE ADDRESSED YOU KNOW WHILE
STILL.
ALLOWING THE DEVICE TO FUNCTION
IN A WAY THAT BENEFITS CONSUMERS.
THANK YOU ALL RIGHT.
LET'S GO TO MY SPOKANE.
THANK YOU I WAS RUNNING AND I
WANT TO THANK YOU FOR IN THIS
BILL I DON'T HAVE ONE OF THESE
DEVICES BECAUSE I AGREE WITH YOU
HOME IS THERE A SACRED PLACE I
WAS AT A FRIEND'S HOUSE AND HE
PULLED UP HIS -- FEET ON HIS
AMAZON DEVICE SHOWING ME HOW
MANY BITS OF HIS CONVERSATION IT
HAD RECORDED ON I WAS.
SHOCKED AND I AGREE WITH YOU THE
BOTH THE JUDICIAL AND
LEGISLATIVE BRANCHES OF OVER
TIMES OF THEWHAT HAPPENS IN THE
SANCTITY OF THE HOME IS
ABSOLUTELY ONE OF THE MOST
PRIVATE SPHERES AND IT IS
INCUMBENT UPON US TO PROTECT IT.
BUT IN ALL OF THAT I ACTUALLY
DON'T HEAR MUCH OF DISPUTE
BETWEEN YOU AND THE OPPOSITION.
I THINK THAT FIRST ON THE
DEFINITIONS I'VE ALREADY HEARD
MISTER CUNNINGHAM SAY THAT HE'S
ABSOLUTELY HAPPY TO FIND CONSENT
SO THAT THAT'S A WORKABLE.
TERM DIED SOMEWHERE RIGHT -- AND
ALSO ON THE COMPUTER LEARNING
PIECE I MEAN EVERY.
WE HEAR BILLS EVER HEARING THE
DEAL WITH THE IDENTIFIED DATA
AND ALLOW FOR THAT KIND OF WORK
WHERE IT IS WE JUST DID A BILL
WHERE WAS AGGREGATE IN DE
IDENTIFIED AND WOULD ENABLE THE
TYPE OF COMPUTER LEARNING THAT
YOU'RE LOOKING.
FOR WITHOUT STORING THE TYPE OF
CONVERSATIONS THAT MR CUNNINGHAM
IS CONCERNED ABOUT AND SO I
THINK THAT IN YOUR CONCERN ABOUT
THE ABILITY TO CONTINUE TO MAKE
THESE DEVICES SMARTER THERE IS A
WAY TO PROTECT THE PRIVACY OF
THESE CONVERSATIONS.
AND SO I WOULD URGE BOTH OF YOU
TO WORK TOGETHER ON A SOLUTION
THAT IS WORKABLE BECAUSE I THINK
THAT AT THE END OF THE DAY WE
NEED TO PROTECT.
THE PRIVACY OF THESE
CONVERSATIONS I DON'T HEAR
ANYTHING IN THE OPPOSITION THAT
WOULD MAKE THAT AND WORKABLE
[inaudible]
THANK YOU.
MR GALLAGHER GO AHEAD.
YEAH I WANT TO THANK THE AUTHOR
FOR BRINGING THIS BILL FORWARD
AND I'M ALSO A CO AUTHOR SO I
YOU KNOW.
VERY STRONGLY BELIEVE IN WHAT
HE'S TRYING TO DO HERE AND I I
THINK THAT YOU KNOW THERE ARE
OBVIOUSLY SOME THINGS THAT WE
CAN THAT WE CAN WORK THROUGH
HERE AND THAT'S THE WHOLE POINT
OF THE LEGISLATIVE PROCESS BY
THE WAY IS TO CONTINUALLY TAKE
INPUT.
MAKE SURE THIS IS GOOD POLICY AT
THE END OF THE DAY IT'S WORKABLE --
BUT TWO VERY IMPORTANT THINGS
THAT I THAT I THINK MAYBE A
LITTLE BIT.
MISSING HERE YEAH I THINK IT
SHOULD BE OFTEN.
WHEN IT WHEN IT COMES TO YOUR
HOME IT SHOULD BE OFTEN YOU KNOW
BECAUSE THESE ARE VERY PROUD
THIS IS THE MOST PRIVATE?
YOU KNOW SACRED PLACE IN THE
WORLD IS THE HOME.
YOU KNOW AND WE AND I THINK
WE'VE ALWAYS AGREED UPON THAT
AND SO.
YES I THINK IT SHOULD BE OFTEN
ALSO THERE SHOULD BE A NOTICE
ABOUT HEY HOW IS THIS.
BEING USED AND I THINK THAT'S
ALSO THE INTENT HERE IS IS TO IS
TO REALLY CLEARLY SAY WHAT ARE
YOU GOING TO BE DOING ARE YOU
GOING TO BE RECORDING.
INFORMATION SO THAT PEOPLE KNOW
THAT NOW YES WE BALD NOW
DISCOVERED THAT AMAZON DOES THIS
ONLY BECAUSE IT BROKE IN A NEWS
STORY NOT BECAUSE THEY CAME
FORWARD AND VOLUNTARILY GAVE
THAT INFORMATION OUT TO PEOPLE --
WE DIDN'T FIND OUT ABOUT GOOGLE
NAST BECAUSE GOOGLE DECIDED.
TO FINALLY TO FINALLY TELL US
ABOUT THAT -- YOU KNOW IT'S IS
AGAIN THIS STUFF SHOULD BE ON
THE FRONT END HERE'S HOW WE'RE
DOING THIS ARE YOU OKAY WITH IT.
NO IN AND IT'S EITHER YES OR NO
AND AND LOOK I THINK THERE IS A
WORKABLE WAY OF DOING THAT WHILE
STILL GIVING YOU THE BENEFIT.
OF WHAT THIS TECHNOLOGY PROVIDES
AND I THINK THAT'S REALLY THE
YOU KNOW THE FUNDAMENTAL THING
OF WHAT YOU'RE TRYING TO DO WITH
THIS BILL -- CERTAINLY WILL
CONTINUE TO WORK THROUGH SOME OF
THE TWEAKS AT I THINK WHAT MY
COLLEAGUE -- FROM BIG BEAR LAKE
HAS BROUGHT UP IS IS SOME VERY
GOOD POINTS ABOUT HOW THIS
ACTUALLY WORKS IN.
FUNNY WAYS TO ACTUALLY YOU KNOW --
ADDRESS THOSE CONCERNS -- BUT
AGAIN THE FUNDAMENTAL PRINCIPLE
HERE IS THAT YES YOU KNOW.
IF IF OTHERS ARE GOING TO BE
LISTENING TO YOUR LET ME GET ONE
CLARIFICATION FROM YOU MISTER
JENSEN SO.
IS IT.
ARE THESE RECORDINGS ONLY IF YOU
VIEWS THE WAKE WORD.
OR THEIR RECORDINGS THAT HAVE
BEEN RANDOMLY TAKEN FROM
CONVERSATIONS IN THE HOME AND I
GUESS MAYBE THE ONE OF THE
PROBLEMS IS.
DUE EVEN REALLY KNOW.
AS CHAIR RIGHT.
AND SO.
THE WAY IT SO WHEN YOU USE THE
WAKE WORD OF THE HOT WHEREVER
YOU WANT TO CALL IT AND THOSE
THAT THAT IS WHAT'S RECORDED IT
WILL LIST SAN FOR IN LIKE TWO
SECONDS FIGHTS FOR THE WAKE WORD
BUT THOSE ARE NEVER STORED OR
TRANSMITTED TO THE CLOUD OR THE
SERVER.
OR WHATEVER STORING IN SO DOING
THINGS THAT ARE STORED IS WHEN
YOU USE THE HOT WORD OR WAKE
BOARD IF YOU WANT TO ENSURE THAT
THAT'S TRUE WHICH IT YEAH THAT'S
WHAT I'M TELLING YOU BUT IF THE
IF THE CONSUMER WANTS TO ENSURE
THAT THAT'S WHAT'S HAPPENING.
THEY CAN GO INTO THEIR ACCOUNT
ON THEIR APPS -- OR ONLINE INTO
THEIR ACCOUNT AND SEE EVERYTHING
THE DEVICES RECORDED AND THEY
CAN LEAVE THOSE RECORDINGS THERE
IF THEY WANT THE DEVICE TO
CONTINUE TO LEARN HOW THEIR
SPEECH WORKS OR THEY CAN GO IN
AND MANUALLY AND DELETE EVERY
SINGLE ONE OF THOSE RECORDINGS
OR RECORD.
OR DELETE SOME OF THE RECORDINGS
OR WHATEVER THEY WANT TO DO BUT
THEY CAN MANAGE THOSE RECORDINGS
THAT'S ALREADY THAT ALREADY
EXISTS THE COMPANIES HAVE GIVEN
CONSUMERS CONTROL OVER THIS
TECHNOLOGY.
AND I THINK THAT'S WHAT YOU KNOW
WE KEEP HEARING IS CAN YOU WANT
CONSUMER CONTROL THAT ALREADY
EXISTS WITHIN CCPA THE NOTICES
IN EXISTENCE THE CPA AND THEN
THEY ALSO EXIST WITH WHAT
MANUFACTURERS HAVE DONE TO MAKE
SURE THAT CONSUMERS.
ARE TRUSTING THEIR DEVICES IN
THEIR HOMES.
IN IT AND I THINK THAT'S PART OF
THIS IS LIKE LET'S PUT THAT ON
THE FRONT END.
YOU KNOW IT'S REALLY PUT THAT ON
THE FRONT AND HERE'S WHAT WE DO --
BECAUSE THAT HASN'T BEEN DONE I
MEAN I THINK UNDER THE STATUS
QUO THAT'S NOT WHAT'S HAPPENING
I MEAN YOU FIND OUT ABOUT THIS
SORT OF WAY -- YOU CAN GO ON
YOUR PRIVACY PROTECTIONS BUT I
DON'T KNOW HOW MUCH THAT'S
REALLY.
OUT THERE AT THE OUTSET.
IF MR GABRIEL GO AHEAD.
THANK YOU MISTER CHAIR SIR JUST
A QUESTION FOR THE AUTHOR I YOU
KNOW I KNOW HERE THAT THAT WE'RE
DEFINING SMART SPEAKER DEVICES
TO FIND IS NOT INCLUDING A
CELLULAR TELEPHONE AND SO I'M
JUST CURIOUS ABOUT WHY THAT
DECISION WAS MADE [inaudible]
WELL THE MY ORIGINAL INTENT WAS
TO FOCUS THIS.
WITHOUT BEING TOO TECHNOLOGICAL
TECHNOLOGY SPECIFIC AT DEVICES
THAT ARE IN THE HOME.
AND WE'RE AS CELLULAR TELEPHONES
POSE A DIFFERENT.
SET OF ISSUES I THINK IN THE
ATTEMPTING -- TO APPLY NEW LOSS
OF THEM BECAUSE THEY TRAVEL
EVERYWHERE WITH YOU.
I GO TO YOUR CAR THEY GO HERE
COMMITTEES THEY GO.
TO NOW YOUR BALL GAMES THEY ALL
OVER THE PLACE.
SO -- IS THAT THAT'S THE REASON
FOR THE DISTINCTION.
I MEAN I THINK THE WAY.
IT'S DRAFTED NOW -- IT MAY NOTED
SAYS CONNECTED DEVICE WITH THE
VOICE RECOGNITION FEATURE.
AND THAT'S OF THIS ABOUT
PROBABLY AS NEUTRAL AS WE CAN
[inaudible]
GET AS I'M SORRY SO THAT IS AS
YOU CAN BECAUSE YOU CAN YOU KNOW
LOOK AT THE HOUSES AS A SMART
SPEAKER DEVICE SHALL NOT INCLUDE
A CELLULAR TELEPHONE -- IF I
COULD HAVE MY WHAT I THINK I
THINK THE AMENDMENT DOES SO
PROVIDE FOR THE CELL OF OF PHONE
ON PAGE -- EIGHT SECTION BE.
SECOND PARAGRAPH -- SECOND TO
THE LAST LINE I THINK IT DOES
INCLUDE A SOLAR PHONE.
IF I MADE IT THROUGH THE CHAIR.
ONE AMPLIFICATION OF OF RECKLESS
TWO APPLICATIONS THE FIRST IS
THE BLOOMBERG STOCK BLOOMBERG
STORY DID -- DISCLOSE THAT IT
WASN'T JUST WAKE WORDS THAT WERE
BEING RECORDED BUT I BELIEVE IT
WAS WELL OVER A HUNDRED WORDS
PER DAY SO IT IT WAS NOT SIMPLY
THAT THE SIGNAL WORK THAT WAS
BEING RECORDED BUT A MUCH MORE
SUBSTANCE.
THAN THAT.
ON ALL BUT ONE OTHER.
THE THE THE ASSEMBLYMEMBER
OBERNOLTE IS POINTS ARE ALWAYS
EXTRAORDINARILY WELL AFFORDABLE
TAKEN ON THESE MATTERS -- OF THE
TECHNICAL MATTERS THE ONE THING
I WILL NOTE IS THAT THE
PROTECTIONS AFFORDED TO THE BILL
GO TO TO ASSEMBLY MEMBER
GALLAGHER'S POINT.
WHICH IS THAT WHAT WE'RE REALLY
TALKING ABOUT HERE.
THE TECHNICAL ISSUES.
THAT NEED TO BE AMPLIFIED AND
RESULT.
IS WHAT DO YOU DO ABOUT IT.
AND THE THINGS THAT ARE REQUIRED
BY THIS BILL.
FRANKLY EMBRACE BOTH KINDS OF
SENSITIVITIES TO PERSONAL
PRIVACY -- THE IT MAY VERY WELL
BE THE CASE ASSEMBLY MEMBER THAT
YOU HAVE NO PRIVACY RADISSON'S.
WHEN IT COMES TO THE RECORDING?
A RETENTION BETTER OF WAKE WORDS
OR SIGNAL WORDS BUT OTHERS MAY.
AND WHAT THE BILL PERMITS IS
BOTH SENSITIVITIES TO BE
PROTECTED.
BECAUSE IF DURING THE INITIAL
STAGE OF THE SET UP FOR
INSTALLATION.
YOU DON'T HAVE A PROBLEM WITH
THE THE THE MACHINE IN THE WAY
THAT IT HANDLES -- YOUR VERBAL
COMMUNICATION YOU MAY CONSENT TO
IT.
LIKEWISE YOU MAY CONSENT -- IN
WRITING WHERE SOMEONE WITH A
DIFFERENT SENSITIVITY.
MAY COME TO A DIFFERENT
CONCLUSION AND THAT'S THE WAY
THAT WE PRETTY MUCH PROTECT
PRIVACY IN AMERICA.
THAT IS BY ALLOWING CONSUMERS --
THE INFORMATION UP FRONT.
AND PROPORTIONAL TO THE RISK
[inaudible]
OF INVASION.
REQUIRING EITHER AN OPT IN OR
OPT OUT.
IN THAT WAY ALL THE WHOLE GAMUT
OF PERSONAL SENSITIVITIES WHEN
IT COMES TO PRIVACY.
ARE PROTECTED AT THE MOST
INDIVIDUAL LEVEL AND SUBJECTIVE
LEVEL HUMANLY POSSIBLE AND
THAT'S WHY IT WAS SUCH A IT
INSPIRED SUGGESTION.
MISTER CHAIRMAN OF FROM THE
COMMITTEE TO SIMPLY ADD THIS ON
TO THE MOST ANALOGOUS PRODUCT
THAT ALREADY EXISTS.
IN CURRENT LAW.
WHICH WAS THAT THE TELEVISION.
WITH THE TEARS FROM JUST LIKE TO
CLARIFY SPOTS OF THE I THINK I
MISUNDERSTOOD YOUR QUESTION IT'S
BEING DIRECTED THE OLD VERSION
THE BILL.
THE NEW VERSION BILL DOES APPLY
TO PHONES AND TABLETS AT ALL
IT'S THE THE NEUTRAL LANGUAGE --
THE THAT I READ.
OTHER CONNECTED DEVICE WITH THE
VOICE RECOGNITION FEATURE.
I JUST WANT TO BE CLEAR ON ON ON
ON THE RECORD AS THE CHAIR
POINTED OUT.
ANY ADDITIONAL COMMENTS SIR.
YES -- FOR UNDERGRAD.
NO FILIBUSTER FOR A LITTLE BIT
WELL ACTUALLY DECIDED I'M GONNA
VOTE -- BECAUSE BECAUSE OKAY
BECAUSE I'M STRUGGLING -- THAT'S
RIGHT -- SO I HAVE A LOT OF
CONCERNS AND I THINK OF THIS FOR
THE FINAL FORM OF THE BILL I
DEFINITELY GO NO -- HI IT'S IT'S
EASY TO SAY YOU KNOW -- WILL YOU
KNOW CERTAIN DEVICES YOU KNOW IF
YOU CAN SEND THEM THE DEVICE
WILL BE ABLE TO USE -- YOU KNOW --
A AYE TECHNOLOGY THE BETTER
PERFECT THE USER EXPERIENCE --
AND THEN IF SO IF YOU IF YOU
DON'T WANT THAT THEN YOU CAN
VOLUNTARILY NOT HAVE THAT BUT
IT'S NOT ACTUALLY THAT THAT'S
ACTUALLY INCREDIBLY COMPLICATED
IN TERMS OF THE IMPACT THAT HAS.
IN IN THE MARKET PLACE BECAUSE
PEOPLE WHO SAY WELL I DON'T WANT
YOU TO USE A I'D TO TO PERFECT
THE EXPERIENCE BUT THEN THEY'RE
GONNA GET ON REVIEW SITES AND
TRASH OUR PRODUCTS.
BECAUSE THEY'RE ESSENTIALLY
USING AN INFERIOR PRODUCT -- AND
THEY CHOSE TO USE AN INFERIOR
PRODUCT BUT THEN THEY GO ON IT
IN IN INTO THE TO THE DOMAIN OF
OF REVIEWS AND THEY TRASHED THE
PRODUCT WITHOUT NECESSARILY
SAYING HEY BY THE WAY.
I'M REALLY USING AN INFERIOR
PRODUCT BECAUSE I VOLUNTARILY
MADE THAT CHOICE BY THIS PRODUCT
SUCKS WHEN I DON'T WANT TO DO
ALL THAT IT REALLY SHOULD BE
ABLE TO DO -- AND I DON'T THINK
THAT'S FAIR TO TO THE COMPANY --
WAIT WHICH DO WHO DESIGNS THE
PRODUCT IN A WAY THAT'S MEANT TO
MAXIMIZE THE THE USER EXPERIENCE
WHEN A USER DECIDES VOLUNTARILY
NOT. TO AVAIL THEMSELVES OF OF
THAT OPPORTUNITY -- AND SO I
THINK THAT'S JUST MUCH MORE
COMPLICATED THAN THAN IT SOUNDS
WHEN YOU TO SAY YOU CAN
VOLUNTARILY USE IT OR NOT --
BECAUSE THAT HAS A BROADER
IMPACT ON ON THE REPUTATION OF
THE COMPANY AND AND THE
REPUTATION OF THE PRODUCT -- I
THINK THE IDEA OF SENDING IN A A
POSTCARD OR SOMETHING LIKE THAT
IS MUCH MORE ONEROUS THAN WE
MAKE IT SOUND LIKE IT IS I MEAN
I GOT A NEW DISHWASHER.
THEY GIVE ME A LITTLE CARD TO
GET THE WARRANTY AND I I DID YOU
KNOW.
WHAT WAS GONNA NOT BOTHER
FILLING IT OUT BECAUSE I
COULDN'T BE BOTHERED ON THAT I
COULD AT LEAST LIKE TO TAKE A?
CUE OUR SCAN OF A CO I MEAN I
COULD DO IT A LOT EASIER.
THAN IT THAN SENDING A POSTCARD
BY THE SENATE A POSTCARD I
PROBABLY SAID FORGET IT.
FORGET FORGET MY POSTCARD IDEA.
BUT YOU KNOW EMAIL OR OR SOME OR
TAKE A PICTURE AND SEND IT TO
SOME MAYBE THERE YEAH
TECHNOLOGICAL SOLUTION I'M SURE
TO THE WRITTEN CONSENT ISSUE
YEAH -- I MEAN I I I TOTALLY
AGREE WITH YOU THAT COMPANIES
NEED TO DO A BETTER JOB.
OF MAKING THEIR THEIR CONSUMERS
AWARE OF ALL THAT IS HAPPENING
WITH THE PRODUCT THAT THEY BY
AND AND SO FOR THAT.
YOU KNOW YOU AND I ARE TOTALLY
ALIGNED -- I I THINK THAT AND IF --
HE COMPANIES OR THE DOING MORE
THAN THEY SAY THEY'RE DOING I
MEAN IF THEY SAY THAT THEY'RE
JUST RECORDING SO YOU KNOW
CERTAIN PHRASES TO BUT IT TO
BETTER THE EXPERIENCE.
THAT'S ONE THING IF THEY'RE
ACTUALLY RECORD YOU KNOW
RECORDING A LOT MORE AND USING
THAT INFORMATION TO THEN.
YEAH -- THE SELL THAT TO PEOPLE
WHO THEN MARKET CERTAIN PRODUCTS
TO YOU FOR EXAMPLE I THINK
THAT'S YOU KNOW PRETTY BAD -- IT
AWFUL IT IF IF YOU HAVEN'T
ACTUALLY CONSENTED TO THE USE OF
YOUR PRIVATE CONVERSATIONS IN
THAT WAY -- AND AND SO I THINK
THAT IT YOU KNOW THAT IS ONE
THING I THINK -- YEAH RECORDING
THE DATA SO THAT THEY CAN BETTER
PERFECT THE PRODUCTS BEFORE FOR
YOU IS IT IS A DIFFERENT.
IS A DIFFERENT SET OF ISSUES I
ALSO THINK AND YOU AND I HAVE AT
SOME PRIVATE CONVERSATIONS ABOUT
DE IDENTIFIED DATA -- IN AND
WHETHER OR NOT DATA THAT'S THE
IDENTIFIED SHOULD REALLY FALL
UNDER THE SAME AND THEN USED FOR
MARKETING PURPOSES OR THE LIKE
AND AND SO I THINK.
THERE NEEDS TO BE THE
DELINEATION BETWEEN THOSE THINGS
IN THE BILL AND AND DIFFERENT
DATA TREATED.
DIFFERENTLY.
BECAUSE IT HAS A DIFFERENT
IMPACT ON OUR ON OUR PART YOU
KNOW PRIVACY RIGHTS -- SO
THERE'S A LOT AND THERE'S A LOT
THAT IS IN IN HERE YET.
AND AND I I DON'T KNOW.
THE YOU KNOW AND IT'S IT'S FAR
FROM OUT OF PLACE FROM SUPER
COMFORTABLE WITH IT -- YOU KNOW
I I I THINK YEAH BUT I KNOW YOU
AND THEN I KNOW THAT YOU'RE
INTERESTED IN IN GETTING THE
RIGHT POLICY AT THE END OF THE
DAY SO.
I'M GONNA STOP FILIBUSTERING
INTERNET OVER MR GABRIEL -- BUT
YOU KNOW IF IF THIS DOES MAKE IT
OUT TODAY -- YOU KNOW I I I KNOW
AND HOPE THAT YOU'RE GOING TO
KEEP ON GETTING FEEDBACK FROM A
LOT OF FOLKS INCLUDING YOU KNOW
SOME COLLEAGUES ON THE COMMITTEE
WHO ARE GOOD.
SUGGESTIONS -- BECAUSE THERE'S A
LOT THE THE INTENT IS RIGHT THIS
IS A LOT IN HERE THAT THAT
DOESN'T GET TO THE INTENT AND
ACTUALLY HAS I THINK HARMFUL
CONSEQUENCES.
HELLO OFFER A FEW MORE COMMENTS
OR MY CALL I CAN MAKE UP HIS
MIND HERE ON THIS BILL -- LOOK I
I JUST WANNA SAY I AM I REALLY
APPRECIATE WE'RE TRYING TO DO
HERE -- I THINK THAT -- THE
INTENT IS THERE -- I AGREE WITH
A LOT OF THE COMMENTS OF OF MY
COLLEAGUE ACROSS THE DICE HERE
THAT THIS IS A SPHERE DESERVING
OF A SPECIAL PRIVACY PROTECTION
I THINK ALL OF US FEEL THAT
INTUITIVELY I THINK A LOT OF OUR
CONSTITUENTS FEEL THAT
INTUITIVELY THAT.
DEVICES THAT ARE RECORDING YOU
IN YOUR OWN HOME IN THE
SENSITIVITY OF YOUR HOME AND
CONVERSATIONS IN THE PRIVACY OF
YOUR BEDROOM AND WE YOU KNOW
YOUR KITCHEN WHEREVER THEY MAY
BE THOSE ARE THINGS THAT MERITS
SPECIAL PRIVACY PROTECTION.
I THINK YOU'VE ALSO HEARD FROM A
LOT OF FOLKS ON THE COMMITTEE
CONCERNS ABOUT THE CURRENT
VERSION OF THE BILL -- AND AND
YOU KNOW PARTICULARLY SOME OF
THE THE TECHNICAL ASPECTS OF
THIS MAY NOT BE QUITE AS EASY AS
IT SEEMS SO I THINK IT'S AN
IMPORTANT CONVERSATION THAT
NEEDS TO CONTINUE -- I THINK
THERE'S A LOT IN THIS BILL THAT
NEEDS TO BE ADJUSTED AND TWEAK
THAT SOUNDS LIKE TO ME THAT YOUR
VERY WILLING TO HAVE THOSE
CONVERSATIONS.
TO GET YOU TO LISTEN THAT
FEEDBACK -- I DON'T KNOW IF
YOU'RE GOING TO GET THERE IN THE
NEXT COUPLE OF WEEKS BUT I WANT
TO GIVE YOU THE CHANCE TO TRYING
TO THAN SOME OF THE VOTE TO
ADVANCE THIS BILL TODAY BUT
RESERVE MY VOTE ON THE FLOOR.
THANK YOU VERY MUCH OUT
ADDITIONAL COMMENTS.
ON LET ME -- I'LL BE SUPPORTING
THE BILL ON FOR THE SIMPLE
REASON THAT IT STRENGTHENS
PRIVACY.
ARE OUT LET ME THANK THE AUTHOR
AND AND HIS TEAM FOR A MAKING
THE AMENDMENTS -- THE ORIGINAL
VERSION OF THE BILL I WOULD HAVE
THOUGHT INTERFERE OR CONFLICTED
WITH THE CPA AND BECAUSE CITY PA
DOES PROVIDE FOR THE RIGHT OF
DELETION.
AND CURRENTLY OBVIOUSLY HAS BEEN
MENTIONED THE AMENDMENT SO US
TEND.
TO MODIFY THE CODE SECTION THAT
IS SO IN CONNECTION WITH THE
CONNECTED TV.
AND THAT'S THE RIGHT PLACE TO TO
AMEND THE LAW -- AND AND IT IS
THE BILL PERFECT NO I I I THINK
OBVIOUSLY WE HEARD US FROM FROM
A DISCUSSION.
THERE'S SEVERAL AREAS THAT NEED
TO BE FINE TUNING ONE OF WHICH
IS THE STORAGE ISSUE THAT WE
TALK SO MUCH ABOUT AND THE OTHER
ISSUES SO WRITTEN CONSENT.
AND WHETHER OR NOT WE WANT WHAT
KIND OF CONSIDERING CONCERNED TO
WE WANT FOR EXAMPLE A WHETHER
IT'S E. SIGNATURE OTHERWISE I
THINK THAT'S SOMETHING THAT WE
NEED TO REALLY DIVE INTO A
LITTLE BIT MORE -- BUT I THINK
THIS BILL IS WORTH UP --
PURSUING ARMED LAW AND ALSO I DO
ENCOURAGE YOU TO CONTINUE
WORKING WITH THE COMMITTEE
MEMBERS AS WELL AS OPPOSITION I
THINK OBVIOUSLY IT'S SHE POINTED
OUT SOME ISSUES AS WELL.
SO -- YOU KNOW I FEEL
COMFORTABLE VOTING FOR TODAY ARE
BECAUSE THIS IS AN ISSUE THAT
THAT WE NEED TO LOOK AT AS THE
THE PRIVACY COMMUNITY.
ARE SO SO WITH THAT I HEARD A
MOTION A TEAMS BALL CAN MAKE THE
MOTION DO I HEAR A SECOND.
HUSBAND MOVE SECOND SIX OKAY
VERY GOOD AND SO WITHOUT WHICH
LIKE TO CLOSE.
I WOULD JUST SAY THANK YOU FOR
THE ROBUST DISCUSSION AND
RAISING ALL SORTS OF ISSUES THAT
CLEARLY WE NEED TO CONTINUE
DOING SOME WORK -- GLAD TO HEAR.
YOU NEAR UNIVERSAL AGREEMENT
THAT THIS IS AN IMPORTANT
PRIVACY INTERESTS AND AT LEAST
ARE INTENSE MOVING IN THE RIGHT
DIRECTION -- YOU HAVE MY
COMMITMENT TO CONTINUING TO
REFINE THE BILL SO WORKS FOR
INDUSTRY DOESN'T HAMPER
TECHNOLOGY IN THE SLIGHTEST BIT
REALLY.
ACCOMPLISHES OUR GOAL THANK YOU
I RESPECTFULLY ASK FOR YOUR AB.
THANK YOU VERY MUCH THE MOTION
IS TO PASS SAW AS AMENDED TO
THIS THE FLOOR.
SO WITH THAT -- ROLL CALL PLEASE.
SOUTH HI SO I KILEY.
KILEY I'VE BAUER-KAHAN HI
BAUER-KAHAN I BERMAN.
BERMAN I CALDERON -- HERE
[inaudible]
WICKS BILL.
WITH THE ADULT INDUCTIONS OF MR
MESA THANK YOU SEE.
THAT WOULD BE -- ITEM NUMBER TEN
THAT'S AB.
SEVENTEEN NINETY MISS WICKS
ANYTIME YOU'RE READY YOU MAY
PROCEED.
THANK YOU VERY MUCH CHAIR
MEMBERS AND PRESENTING WITH ME
IS.
MY CO AUTHOR WHO YOU ARE NOW
VERY FAMILIAR WITH IN THIS
COMMITTEE. TEN OVER CUNNINGHAM --
I WANT.
TO BEGIN BY ACCEPTING THE
MOMENTS -- IN THE COMMITTEES
ANALYSIS AND AND THANK THE
COMMITTEE FOR ALL THEIR WORK ON
THIS IT'S BEEN INCREDIBLY
HELPFUL SO I'M.
ACCEPTING OF THOSE AMENDMENTS AB
SEVENTEEN NINETY WHICH IS A
BIPARTISAN BILL -- AS PROPOSED
PROPOSED TO BE MEN AND WILL HELP
LEVEL THE PLAYING FIELD FOR
SMALL BUSINESSES BY REQUIRING
MORE TRANSPARENCY.
FROM ALL EACH COMMERCE
MARKETPLACES.
THE RELATIONSHIP BETWEEN YOU
COMMERCE MARKETPLACES AND THIRD
PARTY SELLERS WHICH INCLUDES A
LOT OF SMALL BUSINESSES IN OUR
COMMUNITIES IS CRITICAL TO THE
SELLER'S ABILITY TO REACH
CUSTOMERS AND GENERATE REVENUE.
WITH SUCH A LARGE FOOTPRINT IN
THE RETAIL SPACE YOU COMMERCE
MARKETPLACES HAVE A
RESPONSIBILITY TO ENSURE THE
THIRD PARTY SELLERS KNOW AND
UNDERSTAND THE POLICIES.
THAT GOVERN THE CONTRACTUAL
RELATIONSHIP PRIOR TO THE
SELLER'S USE OF THE PLATFORM.
THIS BILL WILL ENSURE THAT THIS
TRANSPARENCY EXISTS FOR
CALIFORNIA BUSINESSES ENGAGE IN
ONLINE RETAIL SALES ON OU
COMMERCE MARKET PLACE MART
MARKETPLACE PLATFORMS.
BY REQUIRING THAT THE TERMS AND
CONDITIONS FOR ALL ECOMMERCE
MARKET PLACES ONE ARE DRAFTED IN
PLAIN.
AND INTELLIGIBLE LANGUAGE TO ARE
EASILY AVAILABLE.
ONLINE FOR MARKETPLACE SELLERS
AT ALL STAGES OF THEIR
COMMERCIAL RELATIONSHIP WITH THE
MARKET PLACE INCLUDING IN THE
PRE CONTRACTUAL STAGE.
AND THREE SET OUT THE GROUNDS
FOR DECISIONS TO RETAIN OR
REFUSE TO DO.
AT TO DISTRIBUTE FUNDS IN ITS
POSSESSION PENDING INVESTIGATION
OR RESOLUTION OF A DISPUTE.
THESE REQUIREMENTS ARE SIMILAR
REGULATIONS THAT WERE RECENTLY
APPROVED BY THE EUROPEAN UNION
AND WILL GO INTO EFFECT THERE
NEXT YEAR -- I WILL HAVE MY
WITNESSES SELF INTRODUCING ASK
YOUR AYE VOTE AND WANT TO TURN
OVER TO ASSEMBLY MEMBER
CUNNINGHAM FOR ANY OTHER THOUGHT
THANK YOU THANK YOU AS A CO
AUTHOR I JUST ECHO ALL OF THE
COMMENTS SHE JUST MADE AND JUST
ADD THAT HEALTHY COMPETITIONS
VERY IMPORTANT TO A VIBRANT.
ECONOMY AND I SEE THIS BILL IS A
COMMON SENSE THING THAT'S GOING
TO LEVEL THE PLAYING FIELD.
I THANK YOU VERY MUCH FIRST
WITNESS PLEASE.
ARMOS CHAIR MEMBERS OF THE
COMMITTEE MARKUP PRAY I'M HERE
ON BEHALF OF THE ONLINE
MERCHANTS GUILD AND I WANT TO
THANK THE ASSEMBLY MEMBERS FOR
INTRODUCING THIS MEASURE -- THE
ONLINE MERCHANTS GUILD IS MADE
UP OF THIRD PARTY SELLERS FROM
AROUND THE COUNTRY IN THE ONLINE
MERCHANT SKILL PROVIDES.
A COMMON VOICE FOR THE DIVERSE
GROUP OF MERCHANTS WHO SELL ON
AMAZON AND OTHER ONLINE
PLATFORMS.
AMAZON'S MARKET PLACE TO BE
CLEAR HAS BECOME ONE OF THE MOST
IMPORTANT CHANNELS FOR PRIVATE
LABEL BRANDS IN THE UNITED
STATES WITH AMAZON'S.
DOMINANCE OF U. S. ET COMMERCE
FOR MANY OF THESE BRANDS AMAZON
IS THE ONLY CHANNEL THAT MATTERS
IN TERMS OF REVENUE.
BUT THAT MARKET PLACE DOMINANCE
HAS BECAUSE THE NEED FOR THE
LEGISLATURE TO STEP IN AND
PROVIDE THIRD PARTY SELLERS
PROTECTIONS.
THE MARKET PLACE CANNOT.
AMAZON IN ITS TERMS AND
CONDITIONS DID NOT PROVIDE ANY
EFFECTIVE EFFORT. TO COMMUNICATE
TO THIRD PARTY SELLERS THAT THE
THIRD PARTY SELLERS HAD A DUTY
TO COLLECT SALES TAX.
THERE WAS NO TRANSPARENCY THERE
WAS NO EFFORT BY AMAZON TO
NOTIFY THIRD PARTY SELLERS.
THAT THEY MIGHT HAVE A TAX
OBLIGATION IN THE STATE.
AMAZON DID NOT PROVIDE NOTICE TO
THESE THIRD PARTY SELLERS OF THE
OPTIONS THAT EITHER THE THIRD
PARTY SELLER WAS RESPONSIBLE FOR
COLLECTING SALES TAX OR THAT
AMAZON COULD COLLECT THE SALES
TAX.
ON THEIR BEHALF INSTEAD IN ITS
CONTRACT WITH THESE THIRD PARTY
SELLERS.
AMAZON MERELY NOTIFIED HIS THIRD
PARTY SELLERS QUOTE.
AS BETWEEN THE PARTIES YOU'LL BE
RESPONSIBLE FOR THE COLLECTION
AND PAYMENT OF ANY AND ALL OF
YOUR TAXES.
THIS RESULTED IN CREATING A
TAXATION SPEED TRAP AND
THREATENS TO BANKRUPT VAST
NUMBERS OF THIRD PARTY SELLERS.
THAT HELP MAKE AMAZON SUCCESSFUL.
DESPITE THE FACT THAT AMAZON
SHOULD HAVE BEEN THE PARTY
RESPONSIBLE FOR COLLECTING BACK
TAXES.
A DESPITE THE THE THE FOR THE
FACT THAT SELLERS WHO HAD THEY
KNOWN WOULD HAVE.
ENGAGED IN COLLECTING.
I THESE TAXPAYERS ARE NOW ON THE
HOOK FOR BACK TAXES. FOR THESE
REASONS WE ARE ASKING THIS
COMMITTEE TO APPROVE THIS
MEASURE.
SO THAT AS THIRD PARTIES LOOK AT
THESE CONTRACTS IN THE FUTURE
THEIR OBLIGATIONS ARE CLEAR AND
THEY HAVE AN OPPORTUNE
OPPORTUNITY TO ABIDE BY THEM.
THANK YOU.
THANK YOU MATCH A NEXT WITNESS
PLEASE.
THANK YOU MISTER CHAIRMAN AND
COMMITTEE MEMBERS -- MY NAME IS
ANTHONY DANIEL ARROW I AM A
PARTNER AT A LAW FIRM ROSE IN
DOWNTOWN LARA PC -- WE'RE
LOCATED IN NEW YORK AND WE FOCUS
ON HELPING SMALL TO MID SIZE
BUSINESSES ARE YOU COMMERCE
SELLERS -- NAVIGATE THE DISPUTE
RESOLUTION PROCESS IS WITH THE
V. COMMERCE MARKETS NOTABLY
AMAZON -- IN SUPPORT OF THE BILL
I JUST WANT TO PROVIDE A QUICK
REAL LIFE EXAMPLE THAT'S ALL TOO
COMMON THAT SHOWS.
WHERE MANY OF THESE SELLERS FIND
THEMSELVES?
JUST THIS WEEKEND WE HAD AN
INTAKE CALL FROM A CALIFORNIA
SELLER LA COUNTY SPECIFICALLY.
ON HE HAD BEEN SUSPENDED FOR
ABOUT NINETY DAYS -- SIDE AND
HE'S DURING THAT SUSPENSION HIS
INVENTORIES ROSE IN HIS -- HIS
SALES ARE FROZEN AND I WAS ON
SAID THE REASON FOR THE
SUSPENSION IS THEY WERE UNABLE
TO VERIFY CERTAIN BUSINESS INFO.
ON THEY ASK FOR UTILITY BILL --
IN WHICH SORRY.
PROOF OF PURCHASE FOR THEIR
INVENTORY AND BUSINESS LICENSE
THAT INFORMATION WAS PROVIDED.
AMAZON AS USUAL THEY RESPOND IN
TEMPLATE DENIALS THEY DON'T SAY
WHAT WAS MISSING WHAT WAS
LACKING THEY CONTINUE.
TO HOLD THE FUNDS STICK TO THEIR
DETERMINATION.
THE MEASURES IN THIS BILL TO ME --
WOULD HELP. FOR THESE ALL TOO
COMMON STORIES AND JUST SET A
BASELINE WHERE.
THE SELLERS WOULD KNOW WHAT
THEY'RE GETTING INTO AND IF
THERE FUNDS ARE GOING TO BE WITH
HOW THEIR ANY OTHER DRASTIC
ACTION.
THEY THEY SHOULD GET SPECIFIC
ALLEGATIONS AND A CHANCE TO
REBUT THOSE.
ON FOR THOSE REASONS I AM HERE
TO OFFER MY SUPPORT.
AND I HOPE.
REQUEST YOU'RE A VOTE THANK YOU
THANK YOU MENTION NEXT WITNESS
PLEASE.
THE AT HOWARD ON BEHALF OF
WORKING PARTNERSHIPS USA PROUD
TO BE THE SPONSOR OF THIS BILL
SIMPLY HERE TO ANSWER ANY
QUESTIONS YOU MIGHT HAVE.
THANK YOU VERY MUCH ADDITIONAL
SUPPORTERS PLEASE COME FORWARD.
THERE WERE IN AWE ABOUT THE
CALIFORNIA GROCERS ASSOCIATION
IN SUPPORT.
THANK YOU [inaudible]
OPPOSITION.
PLEASE COME ON UP.
THANK YOU VERY MUCH MISS ARCHER
AND SHALL MEMBERS OF THE
COMMITTEE -- CHARLES RIGHT SAYS
HE GENERAL COUNSEL FROM AMAZON.
AS SUPPORTING OUR MARKETPLACE
SERVICES MS ON VERY PROUD TO
HAVE A SIGNIFICANT FOOT PRINT
HERE IN CALIFORNIA WITH OVER
THIRTY NINE THOUSAND FULL TIME
EMPLOYEES AND AN ONLINE STORE
THAT FACILITATES SALES FOR OVER
A HUNDRED AND SEVENTY FIVE
THOUSAND SMALL AND MEDIUM SIZE
BUSINESSES BASED HERE IN THE
STATE.
I'D LIKE TO THANK ASSEMBLY
MEMBER WICKS FOR MEETING WITH US
EARLIER -- AND LISTENING TO OUR
CONCERNS ABOUT THE PRIOR VERSION
OF THE BILL -- AND WORKING WITH
US THROUGH THOSE THOSE CONCERNS
WE APPRECIATE THE COMMITTEE'S
EFFORTS TO REMOVE SOME OF THE
MORE ONE SIDED PROVISIONS OF THE
BILL -- TO COME UP WITH THE
AMENDMENTS -- THAT WE'RE
CONSIDERING TODAY.
HOWEVER EVEN WITH THOSE
AMENDMENTS WE MADE REMAIN
OPPOSED TO THIS BILL FOR SEVERAL
REASONS.
FIRST AB SEVENTEEN NINETY
MISSTATES THE INTENSE
COMPETITION WITHIN THE RETAIL
SECTOR IN THE UNITED STATES.
OF THE RETAIL INDUSTRY ISN'T
AMONG THE MOST COMPETITIVE AND
LEAST CONCENTRATED INDUSTRIES IN
THE UNITED STATES.
AMAZON MAKES UP LESS THAN 4% OF
RETAIL IN THE U. S. -- WHAT MOST
PEOPLE REALIZE IS APPROX WE 90%
OF ALL RETAIL SALES ARE STILL
CONDUCTED OFFLINE IN BRICK AND
MORTAR STORES -- IN SO -- TALK
OF AMAZON'S DOMINANCE MISSTATES
THIS FUNDAMENTAL CONCEPT OF
COMPETITION WITHIN THE RETAIL
SECTOR.
MANY OF OUR COME OUR COMPETITORS
ALSO BEGUN PROVIDING MARKETPLACE
SERVICES.
AND SELLERS NOW HAVE MORE
OPPORTUNITIES TO REACH THAN EVER
TO REACH CONSUMERS.
SINCE AMAZON NINE INVITED SO IS
INTO OUR STORE IN NINETEEN
NINETY NINE WALMART JET DOT COM
GOOGLE SHOPPING ALI BABA RACKET
TEN FACEBOOK WAYFAIR WISH AT SEA.
AND MOST RECENT TARTAN WAS
RECENTLY TARGET IN INSTAGRAM
HAVE ALL BEGUN OFFERING
MARKETPLACE SERVICES TO SELLERS --
YET THIS BILL SINGLES OUT ONE
COMPANY AMAZON -- IN ITS
FINDINGS IN AS THE TESTIMONY WE
JUST HEARD SHOWS.
WE INVEST HEAVILY IN ARE SELLING
PARTNER SUCCESS BECAUSE WE KNOW
THAT THEY HAVE OTHER OPTIONS TO
THESE OTHER MARKETPLACES WE KNOW
THAT IF WE DO NOT PROVIDE THEM A
GOOD SELLING EXPERIENCE ON
THEY WILL GO ELSEWHERE.
SECOND AB SEVENTEEN NINETY
MISTAKENLY ASSUMES THAT AMAZON
IS HINDERING INNOVATION AND
OPPORTUNITIES FOR SELLING
PARTNERS.
NOTHING COULD BE FURTHER FROM
THE TRUTH.
WE WILLINGLY SPEND BILLIONS OF
DOLLARS EACH YEAR TO HELP SELL
OR SUCCEED BY DRIVING TRAFFIC TO
OUR STORE OPERATING THE SERVERS
IN INFRASTRUCTURE -- THAT KEEP
OUR ONLINE STORES OPEN AT ALL
TIMES AND COMBATING FRAUD AND
ABUSE WE DO THIS BECAUSE AMAZON
SUCCEEDS WHEN OUR SELLING
PARTNER SUCCEED.
SELLERS USING OUR MARKETPLACE
SERVICES DELIGHT OUR CUSTOMERS
EVERY DAY BY PROVIDING A VAST
SELECTION CONVENIENT DELIVERY
AND LOW PRICES.
AS A RESULT WE HAVE EVERY
INCENTIVE TO HELP OUR SELLING
PARTNER SUCCEED.
ARE INVESTORS ARE INVESTMENTS
ALLOW SELLERS TO FOCUSON THEIR
PRODUCTS FAR REACHING CUSTOMERS
THROUGHOUT THE WORLD.
LEVELING THE PLAYING FIELD AND
LOWERING ENTRY BARRIERS FOR
CALIFORNIA ENTREPRENEURS.
THOSE INVESTMENTS ARE
UNQUESTIONABLY PROMOTING OUR
BUSINESS ARE SELLING PARTNER
SUCCESS.
INDEPENDENT SELLERS NOW ACCOUNT
FOR MORE THAN 58% OF THE
PHYSICAL ITEM SOLD THROUGH OUR
STORES.
AND OUR SALES IN FACT GROWING
FASTER THAN AMAZON RETAILS OWN
SALES.
NOW IT'S TRUE THAT WE DO
SOMETIMES SUSPEND SELLERS AND WE
DO SOMETIMES WITH OLDER FUNDS.
BUT WE ONLY DO SO IN THE
SMALLEST PERCENTAGE OF CASES
WHERE WE SUSPECT THAT THE THAT
THEY ARE COMMITTING FRAUD.
WITH THE SALE IS A PRODUCT -- IT
INVOLVES A COUNTERFEIT GOOD.
BAD ACTORS ARE CONSTANTLY
EVOLVING THEIR ABUSES OF US OUR
CUSTOMERS AND OUR SELLING
PARTNERS.
IN TWENTY EIGHTEEN ALONE WE
SPENT OVER FOUR HUNDRED MILLION
DOLLARS COMBATING THIS FRAUD AND
ABUSE AND WE BLOCK MORE THAN
THREE BILLION LISTINGS FROM
APPEARING.
IN OUR STORES FROM BAD ACTORS
BEFORE ANY CUSTOMERS EVER SAW
THEM.
WELL WE ACCESS WITH WE PROTECT
TO PROTECT OUR CUSTOMERS FROM
TO BE FAIR TO ARE SELLING
PARTNERS.
WHO WE KNOW HAVE BILLS TO PAY
PAY ROLLS TO MEET AND
OBLIGATIONS TO THEIR SUPPLIERS?
WE TRIVE FOR CLARITY IN A
POLICIES IN COMMUNICATION SO
THAT SO IS NO WHAT IS PROHIBITED.
AND HOW TO FIX ANY VIOLATIONS
THAT MAY OCCUR.
EVEN AS AMENDED AB SEVENTEEN
NINETY STILL PAINTS A MISLEADING
PICTURE OF OUR RELATIONSHIP WITH
OUR SELLING PARTNERS THAT WE
LIVE WITH EVERY DAY.
AS A RESULT WE REMAIN OPPOSED TO
THIS BILL AND REQUEST YOUR NAY
VOTE THANK YOU VERY MUCH.
THANK YOU VERY MUCH NEXT WITNESS
PLEASE MR TURN MEMBERS COURTNEY
JOHNSON WITH TECH THAT -- WE
APPRECIATE THE AUTHOR'S
WILLINGNESS TO WORK WITH US AND
THE AMENDMENTS IN THE ANALYSIS --
IN PARTICULAR THE A KNOWLEDGE
MEANT THAT MARKET PLACES THAT
ALL MARKET PLACES WHETHER
PHYSICAL OR ONLINE BE TREATED
THE SAME AS YOU HEARD 90% OF
RETAIL PURCHASES IN THE UNITED
STATES STILL OCCUR IN PHYSICAL
STORES.
AND RELATIONSHIPS WITH
MARKETPLACE SELLERS ARE NOT
UNIQUE TO THE ONLINE IN COMMERCE
MARKET PLACE SPACE -- SO WE LOOK
FORWARD TO WORKING WITH THE
AUTHOR WE REALLY WANT TO MAKE
SURE THIS BILL I'M YOU KNOW IT
COMES AT IT FROM AN ANGLE THAT
BELIEVES AND AND RECOGNIZES THAT
MARKET PLACES SUCCEED ONE SELLER
SUCCEED.
AND WE PROVIDE SUPPORT TO OUR
SELLERS IN ORDER FOR THAT TO
HAPPEN AND MARKET PLACES OPEN UP
A WHOLE NEW CONSUMER BASE TO
SELLERS WHICH LEVELS THE PLAYING
FIELD AND LOWERS ENTRY BARRIERS --
AGAIN WE APPRECIATE THE WORK OF
THIS ACT COMMITTEE AND THE
AUTHOR AND LOOK FORWARD TO
WORKING WITH YOU AS MOVE FORWARD.
THANKS VERY MUCH ADDITIONAL
OPPOSITION.
KEVIN KELLY WITH INTERNET
ASSOCIATION IN OPPOSITION THANK
YOU THANK YOU NEXT PLEASE.
SERVER WITH CAL CHAMBER IN
OPPOSITION OF THIS TIME.
THANK YOU NEXT PLACE.
KELLY IT WOULD COME TO YOU IN
OPPOSITION THANK YOU THANK YOU
NEXT PLACE.
I APOLOGIZE CHAIRED MEMBERS I
MISSED MY OPPORTUNITY TO EXPRESS
OUR SUPPORT SO TOC W. WESTERN
STATES COUNCIL IN SUPPORT THANK
YOU THANK YOU VERY MUCH.
ADDITIONAL OPPOSITION OR SUPPORT.
SEEN A LET'S SEPARATE BACK TO
COMMITTEE QUESTION MISS POWER
CAN GO AHEAD PLEASE [inaudible]
SO.
YEAH THE BILL OPENS OF
LEGISLATIVE FINDINGS -- I A TAKE
I AM CONCERNED.
THAT -- I MEAN IT HAS FINDING
SUCH AS BY SOME ESTIMATES WHICH
IS A VAGUE STATEMENT ONE COMPANY
WILL CAPTURE MORE THAN 50% OF
YOU COMMERCE RETAIL.
NEXT ONE TALKS ABOUT THE
CRITICAL CHALLENGES AND JZ
COMMERCE MARKET BEING
TRANSPARENCY.
I GUESS I HAVE A HARD TIME
VOTING FOR THOSE.
FINDINGS THAT ANY EVIDENCE IS
THAT MY READING THIS CORRECTLY
I'M HAPPY TO AMEND OUT DOES THE
SENTENCE BY SOME ESTIMATES ONE
COMPANY WILL CAPTURE MORE THAN
50% OF THE COMMERCE RETAIL
MARKETS.
BY THE END OF TWENTY NINETEEN
OKAY -- OKAY.
AND THEN.
WHAT ABOUT THE CRITICAL
CHALLENGES IN TODAY'S E.
COMMERCE MARKET IS TRANSPARENCY
I GUESS I DON'T HAVE ANY
EVIDENCE THAT THAT'S TRUE SO
MAKING OUT FINDING IS
CHALLENGING FOR ME?
YEAH I AM HAPPY TO OKAY AT THAT --
AMEND THAT OUT -- AND I HOPE I
MEAN SOME OF WHAT I WAS HEARING
FROM THE OPPOSITION WAS.
I WAS READING.
MY INTERPRETATION IS THAT WAS
FROM THE LEGISLATIVE FINDINGS IS
THAT RIGHT TO AND CLARIFY YES
MISTER.
I WHO ARE CAN WE HAVE BEEN
CONCERNED ABOUT THE FINDINGS
THAT YES -- I DON'T THINK THOSE
ARE THE ONLY TWO FINDINGS --
THAT WE ARE CONCERNED ABOUT --
SPECIFICALLY THE FIRST FINDING
IN SUCH SUBSECTION A THAT WOULD
SAY THAT YOU COMMERCE RETAIL
COMPANIES.
HAVE AN ANSWER ON THE GLASSES
SUCH AS ATTENTIVE AS CHAIR OF
ONLINE SALES.
AGAIN THAT DOESN'T REFLECT THE
TRUE STATE OF COMPETITION WITHIN
AMERICAN REACH WHAT WOULD HOW DO
WE DEFINE EACH COMMERCE RETAIL
COMPANIES I GUESS WOULD BE MY
QUESTION.
I MEAN I GUESS MY DIVISION THAT
IS ANYONE WHO SELLS ON THE
INTERNET SO I GUESS THEY WOULD
HAVE THE VAST MAJORITY OF OUR
RETAIL SALES BUT YOUR POINT I
DON'T KNOW WHAT THE DEFINITION
OF E. COMMERCE RETAIL DO YOU
HAVE A DEFINITION.
THE SPECS -- WE DO -- THE WELL
WE'VE DEFINED MARKETPLACE SELLER --
AS A PERSON WHO HAS AN AGREEMENT
WITH THE MARKET PLACE MAKES
RETAIL SALES OF TANGIBLE
PERSONAL PROPERTY OR SERVICES
THROUGH MARKETPLACE OWNED
OPERATED OR CONTROLLED BY MARKET
PLACE.
AND I ALSO JUST WANT TO CLARIFY --
THIS BILLS FOR ALL.
ONLINE MARKETPLACES NOT IT'S IT
WOULD -- YES I AM ICE ON AND AS
WELL AS EBAY AND ANYONE ELSE WHO
SO I UNDERSTAND THAT MY CONCERN
ACTION AT THE FINDING IN A AS TO
THE SECOND WHICH YOU ALREADY
AGREED TO STRIKE WAS.
THAT WE COULD BE WEIGHING INTO
ANTI TRUST ISSUES OF FOR MAKING
ABOUT FINDING AS A BODY AND THAT
CONCERNS ME WITHOUT ANY EVIDENCE --
BUT NO SO HE SAID THE QUESTION
OF YOU COMMERCE RETAIL COMPANIES
AND SECTION A IS THAT DEFINED.
NO IT'S NOT BUT I'M IT WITH
REGARD TO THE THE FINDINGS I'M
HAVING TO WORK WITH YOU AND TO
SAY LIKE WHATEVER THINGS YOU'RE
UNCOMFORTABLE WITH OKAY
[inaudible]
I'M.
OKAY SO ALL.
WITH THAT FOR THAT SECTION ONE
SECTION ONE WITH THAT -- THE
LEGISLATIVE FINDINGS -- I'M
DEFINITELY WITH HOLDING MY VOTE
MOVING FORWARD AND I WANNA BE
CLEAR ON THE RECORD THAT I AM
NOT IN ANYWAY VOTING TO SUPPORT
ANY OF THESE LEGISLATIVE
FINDINGS TODAY -- AND THEN I
WOULD ASK THE OPPOSITION
[inaudible]
M..
SECTION TWO WHICH DEALS REALLY
WITH THE MEAT OF WHAT I THINK
THIS BILL IS INTENDED TO GET AT
AND SO THAT'S WHY I'M SORT OF
HESITANT ON SECTION ONE WHICH I
THINK HAS SOME REALLY
PROBLEMATIC ELEMENTS.
BUT ON SECTION TWO I'D BE I'D BE
CURIOUS TO KNOW WHAT YOUR ISSUES
WITH THAT ARE IT SEEMS LIKE IT'S
REALLY ASKING FOR SOME VERY
REASONABLE THINGS AND I AM
CURIOUS AS TO WHAT YOUR
OPPOSITION ON THOSE DISCLOSURES
WOULD BE SPECIFICALLY.
MISS MISTER CHAIRMAN OF SELLING
AYE AYE PRIMARY CONCERNS WITH
THE FINDINGS TO THIS BILL AS
WRITTEN.
AND WE DON'T BELIEVE THAT THE
SUBSTANTIVE PROVISIONS ARE
NECESSARY -- THESE ARE THINGS WE
DO TODAY -- BUT OUR PRIMARY
OPPOSITION IS BASED ON THESE
FINDINGS WE CAN STRIKE ALL THE
FINDINGS.
BUT KEEP ALL OF SECTION.
TWO OKAY THANK YOU MISTER X..
YES MISS SMITH GO AHEAD.
AND I APPRECIATE THE AUTHOR'S
ACCEPTANCE ABOUT ACCOMMODATIONS
WERE LITERALLY MY SAME CONCERNS
OF MY COLLEAGUES AS SHARED AND I
APPRECIATE THAT AND AND SO I DO
PLAN TO SUPPORT.
TODAY NOT WITHSTANDING IF IT
ENDED UP ON THE FLOOR WAS
SOMETHING THAT I WAS EQUALLY
UNCOMFORTABLE OF COURSE I'LL LET
YOU KNOW THANK YOU.
MR OBERNOLTE.
I THANK YOU MISTER CHAIR I THINK
THAT YOU'RE GETTING OUT SOME
EXCELLENT.
SOME EXCELLENT -- NEEDED
LEGISLATION IN THIS BILL.
I HAD A QUESTION THOUGH ABOUT
THE WAY THAT YOU DEFINE MARKET
PLACE SO YOU'RE DEFINING IT. TO
BE ANY MARKET PLACE THE CHIPS
INTO THE STATE REGARDLESS OF
WHETHER OR NOT.
THAT MARKET PLACE HAS A PHYSICAL
PRESENCE IN THE STATE AND I
WONDERED IF THAT WASN'T SETTING
US UP FOR PRE EMPTION UNDER THE
FEDERAL CONSTITUTIONS INTERSTATE
COMMERCE CLAUSE BECAUSE WE'VE
BEEN HAVING A FIGHT OBVIOUSLY
FOR YEARS OVER -- THE
CONSTITUTIONALITY OF INCOME TAX
COLLECTION WITH A SIMILAR
DEFINITION OF MARKET PLACE AND
JUST RECENTLY WE GOT A SUPREME
COURT RULING THAT ALLOWED US TO
CLARIFY THAT SITUATION BUT IT
SEEMS LIKE.
THIS KIND OF REGULATION IS A LOT
MORE TENUOUS WHEN IT COMES -- TO
TO THE INTERSTATE COMMERCE
CLAUSE AND SO I WONDERED IF THAT
WAS SOMETHING YOU THOUGHT ABOUT.
AT MEASURE FOR TO MY WITNESS HER
FOR THE CHAIR -- ASSEMBLY MEMBER
THE DEFINITION OF MARKET PLACE
THAT APPEARS IN THIS BILL -- I
BELIEVE IT IS TAKEN. FOR WERE
YOU CAME FROM THE COMMITTEE AND
I THINK RIGHTLY SO I DO BELIEVE
IT'S TAKEN WORD FOR WORD FROM
CURRENT LAW.
SPECIFICALLY AB ONE FORTY SEVEN
WHICH WAS THE STATUTE THAT I
BELIEVE WAS SIGNED THIS YEAR
THAT WAS SPECIFICALLY DESIGNED.
TO CODIFY -- THE TAXATION ISSUE
IN THE WAKE OF THE SOUTH DAKOTA --
DECISIONS SO THIS COMES I THINK
VERBATIM WORD FOR WORD FROM SIX
OH FOUR ONE A OF THE REVENUE AND
TAXATION OKAY SURE BUT I MEAN IF
YOU READ THE SUPREME COURT
DECISION -- IN THAT CASE.
WHAT WHAT THEY WERE DEBATING
ABOUT WAS YOU KNOW WHETHER OR
NOT THE PUBLIC GOOD?
OUTWEIGHED THE FEDERAL
PREEMPTION THAT WAS GOING ON AND
SO YOU KNOW THE DECIDED FINALLY
IN THIS WAS AFTER DECADES OF
ARGUING ABOUT.
THAT IN THE CASE OF SALES TAX
COLLECTIONS THAT DID BUT THIS
SEEMS A LOT BROADER THAN SALES
TAX COLLECTIONS SO I GUESS WHAT
I'M SAYING IS I I'M I'M HAPPY TO
SUPPORT TODAY -- I I'M I'M JUST
GOING TO GUESS THAT YOU'RE GOING
TO HAVE A PRE EMPTION ISSUE WITH
THAT IF THIS BECOMES LAW.
AND MIGHT BE SOMETHING THAT.
YOU MIGHT SAVE TIME AND AN
AGGRAVATION A LOOK INTO THAT NOW
IN A RATHER THAN HAVING IT
LITIGATED SOMEONE IF I MAY
THROUGH THE CHAIR WHAT WHAT.
YOU WHAT I WILL DO.
IS GO BACK AND TAKE A HARD LOOK
AT THE LEGAL ANALYSIS THAT WENT
INTO CRAFTING -- THAT BILL BUT I
THINK THAT THE COMMITTEE
CORRECTLY WANTED TO HAVE.
A DEFINITION HERE -- TO TO ROUND
OUT -- THE BILL AND I THINK THEY
THEY TOOK THE LATEST WORD ON IT
BUT I THINK YOU'RE RIGHT WITH
IT'S ALWAYS WORTH IT.
ALL RIGHT BACK ESPECIALLY SEE IF
THERE'S ANY CASES OF INSIDE IN
THE MEANWHILE.
THANK YOU VERY MUCH IF THERE ARE
NO ADDITIONAL COMMENTS OR
QUESTIONS.
GALLAGHER THAT YOU HAVE A
QUICKER YES I AM.
YOU KNOW I AS I THINK WE COULD
WE CAN ARE IN NEW TERRITORY HERE.
EIGHT BUT THERE'S SIMILAR
PRINCIPLES -- TO WHEN WE WHEN WE
HAVE BATTLED OVER ANTI ADDRESS A
MONOPOLY ISSUES -- YOU IN THE
PAST -- YEAH IF YOU LIKE IN BACK
INTO THE AGE OF THE RAIL ROAD
WHERE.
NOW THAT WAS REALLY A GOVERNMENT
GIVEN MONOPOLY -- IN MANY WAYS --
BUT THERE WAS ALSO MARKET PLACE
THAT WAS CREATED OUT OF IT THAT
EVERYBODY HAD TO UTILIZE AND
EVERYBODY WAS UTILIZING THOSE
RAILS ESSENTIALLY.
AND WE GOT INTO A PLACE WHERE
BECAUSE THEY HAD BECOME.
SO POWERFUL THEY COULD USE THAT.
IN WAYS THAT -- WE'RE VERY
DAMAGING.
TO PEOPLE TRYING TO USE.
WHAT AT THAT TIME WAS -- THE THE
MAIN.
CHANNELS OF COMMERCE -- THIS IS
DIFFERENT YOU KNOW IN THE SENSE
THAT NOBODY GAVE AMAZON A A
GOVERNMENT MONOPOLY -- WE DIDN'T
SALE.
NODE BESTOW THAT UPON YOU I MEAN
THIS WAS A VERY INNOVATIVE
BUSINESS IDEAL THAT IS JUST
CAUGHT LIKE WILDFIRE AND AND AND
AND ADMITTEDLY HAS LED
[inaudible]
TO NEO.
A VERY CONVENIENT WAY. TO ACCESS
GOODS AND SERVICES -- BUT YOU
KNOW ULTIMATELY HAT AND AND AND
I WOULD SAY IN MANY WAYS MAYBE
IS LEAD TO LOWER PRICES.
RIGHT BE ABLE TO ACCESS THINGS
AT LOWER PRICES -- BUT IS ALSO
IT'S BECOME KIND OF A MAIN HUB
OF COMMERCE.
IN THE SAME WAY THAT IT YOU KNOW.
UPWARDS OF VIA.
MY BELIEVE THE CONTENT WAS 5260%.
OF THE E. COMMERCE MARKET AT
THIS POINT IN TIME -- AND AND IN
SUCH A WAY AS WE HAVE SEEN
ISSUES WITH.
IT MAKES IT HARD FOR SMALLER MOM
AND POP BUSINESSES -- TO TO
COMPETE OR ORDER BASICALLY HAVE
TO USE THOSE.
THOSE CHANNELS -- AND PAY
ASSOCIATED FEES IN ORDER -- TO
TO PARTICIPATE IN THAT AND THAT
COMMERCE -- SO.
YOU KNOW LOOK AT THE ISSUE HERE
IS ONE THAT WE DO HAVE TO TO TRY
AND ADDRESS NOW WE NEED TO DO IT
IN A WAY -- ULTIMATELY THAT.
HAD THAT IS WORK ONE IT SOUNDS
LIKE WE'RE ALREADY WERE ALREADY
KIND OF MAKING PROGRESS ON ON
THAT FRONT -- BUT I AM CONCERNED
YOU KNOW THAT AS YOU KNOW THIS.
YOU AS ONE COMPANY HAS BECOME.
MORE MORE IN IN A C AS A
MONOPOLY POSITION WE PUT IT THAT
WAY -- THAT IT COULD HAVE A LOT
OF NEGATIVE IMPACT IN THIS IS
THING THOUGH.
AS MUCH AS YOU KNOW.
I THINK WE AS REPUBLICANS HAVE
ALWAYS BEEN CONCERNED CERTAINLY
ABOUT GOVERNMENT REGULATION.
CAN STIFLE COMPETITION -- WEEKLY
IN THE PAST TO BE CONCERNED
ABOUT -- THE CONGLOMERATION OF
POWER IN ONE COMPANY -- THAT
COULD ALSO STIFLE COMPETITION
AND ULTIMATELY INNOVATION.
SO AND THIS IS WHY I'M SUPPORT
OF THIS BILL TODAY WANT TO
CONTINUE TO WORK YOU KNOW -- YOU
KNOW WITH THE AUTHOR -- BUT
ULTIMATELY WHAT WE'RE TRYING TO
YOU KNOW A FAIR MARKET PLACE FOR
PEOPLE. TO TO TO WORK ON THOSE
CHANNELS NOTE TO MARKET THEIR
GOODS THROUGH THOSE CHANNELS OF
COMMERCE SAID OBVIOUSLY HAVE
CHANGED OVER TIME AND THEY WILL
CONTINUE.
TO CHANGE OVER TIME AND THAT'S
WHY GOVERNMENT WILL HAVE TO
CONTINUE THEY RESPOND TO ENSURE.
THAT THAT FAIR MARKET PLACE IS A
CURRENT SO THAT WHETHER YOU'RE
BIG.
ARE YOUR SMALL WE STILL HAVE
THAT EQUAL PLAYING FIELD. TO GO
OUT THERE AND MARKET OUR GOODS.
TO RESPOND TO THE CHECK.
UPS OKAY JUST BRIEFLY PLACES
SANTIAGO.
TRY TO ADDRESS YOUR CONCERN --
AT AMAZON DOES OPERATE A
MARKETPLACE BUT WE'RE CERTAINLY
NOT THE ONLY -- ONLINE RETAILER
THAT OPERATES A MARKETPLACE
WALMART OPERATES A MARKETPLACE A
GOOGLE OPERATES A MARKETPLACE OF
COURSE EBAY HAS BEEN AROUND
SINCE BEFORE WE HAVE BEEN THERE
BEEN INCREASING NUMBERS OF
ENTRANTS INTO THIS SPACE.
JUST IN THE LAST FEW YEARS SO TO
SUGGEST.
THAT AMAZON SOMEHOW OPERATES OR
ENJOYS A MONOPOLY POSITION -- IS
RESPECTFULLY NOT CONSISTENT WITH
WHAT WE'RE SEEING BECAUSE WE
HAVE TO FIGHT EVERY DAY TO
ENSURE THE TRUST OF THE SELLERS
AND WE DO.
SO WITH A TAKE YOUR CONCERN --
BUT I THINK THE MARKET IS IN
FACT -- RUNNING THOSE BY
PROVIDING SELLERS WITH OTHER
OPTIONS.
AND WE'RE PROUD OF THE FACT THAT
WE ENABLE SMALL MEDIUM SIZE
BUSINESSES TO OVERCOME THEIR
LOCAL BEERS TO ENTRY AND REACH
HUNDREDS OF MILLIONS OF
CUSTOMERS WORLDWIDE.
THROUGH OUR SERVICES -- JUST --
AND BE ABLE TO FOCUS ON THEIR
PRODUCTS AND WHAT THEY'RE ABLE
TO SELL AND VERY QUICKLY REACH A
WORLDWIDE AUDIENCE.
AND THAT'S WHY I WAS CAREFUL TO
SAY YOU KNOW I SAID BECAUSE I
MONOPOLY AT AND HIM YOU KNOW
NEW NEW TERRITORY RIGHT -- BUT
MY POINT BEING THAT THE
ECONOMIST WORLD IS SORT OF THE
WAY THAT WE NOW.
MOVE GOODS AND SERVICES-- AND
YOUR COMPANY AND IN LARGE PART
BECAUSE IT WAS INNOVATIVE IN
BECAUSE IT'S SO GOOD AT CUSTOMER
SERVICE RIGHT BECAUSE YOU HAVE.
GONE YOU KNOW GONE TO THOSE
LINKS -- TO ENSURE THAT THE
CUSTOMER EXPERIENCE IS A GOOD.
ONE RIGHT -- HAS BECOME SORT OF
YOU KNOW HAS A VERY LARGE CORNER
ON THE MARKET.
RIGHT -- AND ALL THESE OTHER
SMALL BUSINESSES OUT THERE ARE.
KIND OF FEELING LIKE THEY HAVE
NO CHOICE BUT TO PLAY ON YOUR
CHANNELS.
DOES THAT MAKE SENSE AND I I
ADMIT IT'S NOT IT'S NOT THE SAME
OF WHAT WE'VE SEEN IN THE PAST
RIGHT IT'S NEW -- AND THAT'S WHY
I'M SAYING.
YOU KNOW I'M NOT.
I'M NOT SAYING THAT YOU ARE A
MONOPOLY TODAY YOU KNOW -- BUT
I'M SAYING THOUGH THERE THERE
DOES HAVE TO BE THE CONCERN THAN
ON THE BEHALF OF GOVERNMENT TO
ENSURE.
THAT BECAUSE OF THAT SITUATION
THERE'S A FAIR MARKET PLACE IN
THE LONG TERM IN THE CONTINUE BE
WARY OF THAT THAT'S AND THAT'S
WHY I THINK THERE'S A PLACE FOR
US TO BE HAVING THESE
CONVERSATIONS.
THANK YOU VERY MUCH CHAIR OF
FATHER AND NO ADDITIONAL
COMMENTS AND QUESTIONS I WANT.
TO THANK THE AUTHOR FOR BRINGING
THE BILL FORD AYE AYES I WILL BE
SUPPORTING IT BECAUSE I THINK
THAT IT TO PROVIDE TO YOU FOR A
FRAMEWORK A FINE FRAMEWORK TO A
TO BEGIN A DIALOGUE AT ITS I
THINK YOU KNOW -- THERE MAY BE
AREAS THAT WE NEED TO KIND OF
FINE TUNE AS WELL.
OBVIOUSLY -- THE THE COLLISION
AND FINDING SO SECTION PROBABLY
NEED CITY -- CORRECTED I MEAN I
TO REFLECT DE ACCURATE THE
INFORMATION I THINK I DON'T WANT
TO YOU KNOW PROVIDE ANY IN IN IN --
INADEQUATE OR OR INCORRECT
INFORMATION I MEAN THAT'S
IMPORTANT AND IF I HEARD YOU
CORRECTLY YOU YOU'RE STRIKING
PART OF IT OR HE'S TRACKING THE
ENTIRE.
STRING ALL THE CHECK ALL OF ITS
TWO SAYS IT WILL BE REFLECTED IN
THE AMENDMENTS.
AND A TRUE FREE TO CONTINUE
WORKING WITH THE FOLKS TO SEE
WHAT WHAT THE WHAT BEST FREE
FALL OF AN ALL OF YOU GUYS AND
AND I THINK IT WAS A REFERENCE
TO AMAZON BEING STILL MENTION IN
THE BILL I THINK THAT HAS BEEN
DELETED.
YOU KNOW EVEN THE CURRENT
VERSION HAS TO LEAD THAT
REFERENCE -- AND AND SO SO THAT
WILL BE THE THE UNDERSTANDING.
SO WITHOUT DOUBT WOULD YOU LIKE
TO CLOSE.
ASSURE THANK YOU ALL FOR THE
CONVERSATION AB SEVENTY NINETY
AS PROPOSED TO BE AMENDED AND
WITH THE SUGGESTIONS FROM TODAY
AS WELL.
SIMPLY REQUIRES THE RULES OF
ENGAGEMENT BE AVAILABLE TO SMALL
BUSINESSES THAT USE YOU COMMERCE
MARKET PLACE -- PLATFORMS REALLY
IN IN PLAIN AND SIMPLE TERMS AND
PROVIDES MORE TRANSPARENCY --
AND AGAIN IT WOULD APPLY TO ALL
ECOMMERCE -- MARKET PLACES AND I
WOULD RESPECTFULLY ASK FOR YOUR
VOTE THANK YOU VERY MUCH.
THE MOTION IS TO PASS.
AS AMENDED TO THE FLOOR -- MADAM
SECRETARY PLEASE CALL THE WALL
SAU HI SO I KILEY.
BAUER-KAHAN.
BAUER-KAHAN I BERMAN.
CALDERON.
CALDERON I GABRIEL [inaudible]
GALLAGHER.
GALLAGHER I WENT [inaudible]
OBERNOLTE.
OBERNOLTE I SMITH.
SMITH I WICKS I LOOKS.
YES SEVEN VOTES THE BILL IS OUT
CONGRATS.
THAT BRINGS US TO MISTER MAY
SPILL.
MR MAYS HAS ITEM NUMBER TWO
THAT'S AB -- TEN THIRTY FIVE
WELCOME MR MACE -- ANYTIME
YOU'RE READY YOU YOU MAY PROCEED.
WELL THANK YOU MISTER CHAIR
MEMBERS -- I HAVE ENJOYED THE
GOOD DISCUSSION AND DEBATE I
THINK IT'S HEALTHY FOR US HERE
IN THE IN THIS IN THIS BODY THAT
TO HAVE.
THAT TYPE OF DISCUSSION AND
DEBATE -- TODAY I'M PROUD TO
PRESENT ASSEMBLY BILL.
AT TEN THIRTY FIVE WHICH SEEKS
TO STRENGTHEN NOTIFICATION
REQUIREMENTS IN THE EVENT OF
DATA BREACHES IN THE PERSONAL
INFORMATION OF CALIFORNIANS.
AS TECHNOLOGY CONTINUES TO
INNOVATE THROUGHOUT THE TWENTY
FIRST CENTURY WE NEED TO MAKE
SURE THAT OUR LAWS ADJUSTABLE
BAD ACTORS ACCOUNTABLE FOR
PLAYING FAST AND LOOSE.
WITH OUR CONSTITUENTS PERSONAL
DATA.
A NEW STORIES FROM -- FROM
INDUSTRY ARE BUDGET WITH ERRORS
AND A FAILURE TO SELF REGULATE.
LAST YEAR THIS LEGISLATURE IN
THIS COMMITTEE UNDER YOUR
LEADERSHIP MISTER CHAIR PASSED
THE CALIFORNIA CONSUMER PRIVACY
ACT PROVIDE LANDMARK REFORMS. TO
HOW BUSINESSES ARE REQUIRED TO
MANAGE DATA IN THE DIGITAL AGE
AS YOU PREPARE FOR THAT LAW TO
BECOME EFFECTIVE NEXT YEAR AND
NOTIFICATION REQUIREMENTS ARE
JUST ONE PIECE.
OF THE OVERALL PUZZLE.
THIS MEASURE SEEKS TO IMPLEMENT
A HARD CAP AT FORTY FIVE DAYS
UNLESS LEGITIMATE NEEDS OF LAW
ENFORCEMENT REQUIRE ADDITIONAL
TIME TO TRACK DOWN THE
PERPETRATOR.
AS INTRODUCED THIS MEASURE WOULD
HAVE REQUIRED REPORTING TO BE
DONE WITHIN SEVENTY TWO HOURS
SIMILAR TO EUROPE.
G. P. R. WHICH REQUIRES IS
BUSINESS TO NOTIFY REGULATORS
WITHIN THREE DAYS HOWEVER
CALIFORNIA REQUIRES NOTIFYING
ALL AFFECTED CALIFORNIANS RATHER
THAN JUST REGULATORS.
I'VE MET WITH NUMEROUS
STAKEHOLDERS AND AGREED TO
EXTEND THE HARD CAP OUT TO FORTY
FIVE DAYS.
THIS STRIKES A BALANCE OF WORK
ABILITY BUT ALSO PROVIDES A
STRINGENT CAP RATHER THAN
ALLOWING FOR BREACHES TO BE
HIDDEN FROM PUBLIC SCRUTINY. FOR
MONTHS ON END.
I ALSO WANT TO NOTE THAT EXCEPT
THE SUGGEST A COMMUNITY MMS
REMOVE THE REFERENCE TO THE N.
I. S. T. STANDARDS ARE PART OF
RECENT AUTHORS AMENDMENTS.
I PLEDGE TO CONTINUE WORK WITH
STAKEHOLDERS IN THIS COMMITTEE
TO IMPROVE OUR DATA BREACH LAWS
IN A MANNER THAT HOLDS
BUSINESSES ACCOUNTABLE.
BUT ALSO PROVIDES CLARITY AND
RELIEF WHEN THEY'RE ACTING
PRUDENTLY BUT SUFFER AN ATTACK
FROM A MALICIOUS ACTOR.
WITH BIG DATA COMES BIG
RESPONSIBILITY WE CANNOT ALLOW
FOR DATA BREACHES BIG NORD WHEN
THEY AFFECT MILLIONS OF
CALIFORNIA'S PERSONAL
INFORMATION.
THANK YOU VERY MUCH WHEN THIS IS
IN SUPPORT OF THE BILL PLEASE
COME FORWARD [inaudible]
OPPOSITION.
IN BETWEEN.
WINNERS. SEVEN MEMBERS GORDON
GENSET TECH THAT -- ONE
APPRECIATE -- AT THE APPROVED WE
APPRECIATE THE CONVERSATIONS
WITH THE AUTHOR AND STAFF -- IN
THE HARD WORK THAT'S BEEN DONE
AND THE OPEN DOOR THROUGHOUT
THIS ENTIRE PROCESS SO JUST
WANTED TO SAY THANK YOU.
THANK YOU MUCH PLEASE BEGIN GOOD
AFTERNOON WELCOME TIMOTHY BLOOD
ON BEHALF OF CONSUMER TREES OF
CALIFORNIA A WE OPPOSE UNLESS
AMENDED.
I'M OUR ISSUE IS WITH THE TIME
FRAME -- WITHIN FORTY FIVE DAYS
IS TOO LONG -- OF COURSE THE
PURPOSE OF THE NOTIFICATION --
PROVISION IS TO NOTIFY CONSUMERS
SO THEY CAN PROBABLY TAKE ACTION
TO PROTECT THEMSELVES AGAINST
IDENTITY THEFT.
OR IF IDENTITY THEFT IS ALREADY
OCCURRED TO MITIGATE THE
CONSEQUENCES OF THAT IDENTITY
THEFT.
UP.
TODAY WE CAN NOTIFY PEOPLE
FASTER -- AND AT A LOWER COST
THAN WE COULD TEN YEARS AGO AND
OF COURSE THAT THAT IS GOING TO
CONTINUE.
AS WE MOVE FORWARD IN TIME ALSO
DATA THIEVES ARE ABLE TO STEAL
DATA FASTER THAN THEY COULD TEN
YEARS AGO AND THAT IS ALSO GOING
TO CONTINUE AS WE GO FORWARD.
SO IT IT BECOMES A DIFFICULT
TRICK IN PICKING A A TIME PERIOD.
INSTITUTIONALIZING A TIME PERIOD
THAT IS ACTUALLY GOING TO WORK --
AS TECHNOLOGY ADVANCES UP WITHIN
FORTY FIVE DAYS IS TOO LONG.
UNDER TODAY'S CIRCUMSTANCES AND
CERTAINLY WILL BE TOO LONG INTO
THE FUTURE -- WE THINK THAT A
BETTER MODEL IS THE
CONFIDENTIALITY OF MEDICAL
PRIVACY ACT.
THAT PROVIDES THAT REQUIRES
NOTIFICATION WITHIN FIFTEEN
BUSINESS DAYS AS A CURRENT
CALIFORNIA LAW THAT IS PLACED ON
HEALTH CARE PROVIDERS WHERE
INFORMATION.
ABOUT MEDICAL INFORMATION IS
TAKEN ON PATIENTS REQUIRES
HEALTHCARE PROVIDERS TO PROVIDE
NOTIFICATION WITHIN FIFTEEN
BUSINESS DAYS.
THAT HAS WORKED PERFECTLY FINE --
THERE'S WE DON'T BELIEVE ANY
REASON WHY IT WOULD NOT WORK
FINE HERE ALSO THERE ARE OTHER
STATES IN THE UNITED STATES THAT
HAVE NOTIFICATION PROVISIONS.
SIMILAR TO CALIFORNIA'S -- THOSE
STATES ARE ARE AS LOW AS THIRTY
DAYS AND AGAIN.
THERE'S NO PROBLEM THAT THESE
OTHER STATES HAVE IN COMPLYING
WITH THOSE TIME PERIODS AND SO
WE THINK FIFTEEN BUSINESS DAYS
WOULD BE SUFFICIENT.
AND SOMETIME IN THE FUTURE IT'S
PROBABLY GOING TO BE EVEN LESS
TIME THAN THAT.
THANK YOU VERY MUCH -- NEXT
PLEASE.
SMITH THE COURT ON BEHALF OF
PRIVACY RIGHTS CLEARING HOUSE WE
WOULD LOVE TO BE IN SUPPORT OF
THIS MEASURE HOWEVER WOULD
AFFILIATE MY COMMENTS WITH THOSE
OF THE CONSUMER ATTORNEYS WE DO
HAVE CONCERNS ABOUT.
THE FORTY FIVE DAY DURATION
HAPPY TO CHAT WITH THE AUTHORS
OFFICE FURTHER WE'VE ACTUALLY
JUST COMPLETED A STATE BY STATE
ANALYSIS OF THESE PROVISIONS AND
OTHER STATES -- THANK YOU.
THANK THANK YOU VERY MUCH SARAH
BACK TO THE COMMITTEE.
BUT SEVEN GUY QUESTION.
MISBACH.
WELL IT SEEMS LIKE IT FROM ALL
SIDES YOU HAVE IT THERE -- YEAH --
SO WHAT WE'VE HEARD SOME REALLY
APPALLING STORIES ABOUT OUR DATA
GETTING OUT ESPECIALLY WITH THE
EQUIFAX BREACH AND AND I AGREE
THAT CONSUMERS SHOULD BE
NOTIFIED AS SOON AS POSSIBLE AND
IT'S POSSIBLE TO DO IT IN
FIFTEEN DAYS THAT WOULD BE GREAT --
I APPRECIATE THE EXEMPTION --
FOR ONGOING INVESTIGATIONS BUT
WHAT WE'VE SEEN.
AS WE'VE LOOKED AT AT THAT THERE
ARE CERTAIN SYSTEMS THAT --
THERE MIGHT JUST BE A PROBLEM
PATCHING IT THAT QUICKLY.
AND YOU KNOW THE SAME IS WITH
YOUR IPHONE AND THE CONCERN IS
THAT IF THE SYSTEM CANNOT BE.
PATCHED IN FORTY FIVE DAYS --
AND THEN YOU TELL OTHER HACKERS
THAT THERE IS A BREACH THAT YOU
COULD BE EXPOSING USERS DATA --
TO OF MANY HACKERS AS OPPOSED TO
THE ONE THAT THAT WAS ABLE TO
GET AND SO IS THERE ANY SAFE
GUARD WHERE MAYBE THE ATTORNEY
GENERAL COULD SAY -- YES THIS IS
THIS IS LEGITIMATE THEIR THEIR
SYSTEM IS STILL WIDE OPEN AND
THEY HAVEN'T BEEN ABLE TO PATCH
IT I MEAN LIKE I SAID I WOULDN'T
MIND THE FIFTEEN DAYS BUT BUT
KEEPING.
A VULNERABILITY OPEN IS IS TO BE
A PROBLEM -- IT ABSOLUTELY
CURRENT LAW -- ALLOWS FOR LAW
ENFORCEMENT WHICH WOULD INCLUDE
THE ATTORNEY GENERAL OR ANY LAW
ENFORCEMENT AGENCY THAT HAPPENS
TO BE INVESTIGATING AT TO PERMIT
THE COMPANY TO TO TELL THE
COMPANY DID NOT NOTIFY --
CONSUMERS AND THERE'S A COUPLE
OF REASONS WHY -- ONE FORCE THAT
WOULD NOT NOT WANT.
CONSUMERS TO BE NOTIFIED YOUR
CONCERN IS ONE OF THEM ANOTHER
ONE IS SIMPLY BECAUSE THEY'RE
TRYING TO FIGURE OUT WHO THE BAD
GUY IS AND THEY DON'T WANT THE
BAD GUY TO KNOW THAT THEY KNOW.
SO SO CURRENT LAW -- TAKES CARE
OF THAT PROBLEM SO AT THE END OF
LIKE IF I CAN FIX YOU LOOK AT
THE LANGUAGE IS ON PAGE THREE IF
YOU HAVE IT IN FRONT OF YOU --
IF YOU LOOK AT THE LINES
FOURTEEN TO TWENTY WHERE IT SAYS
THAT CAN CONSIST OF THE LEDGE TO
THE GYM IT NEEDS OF LAW
ENFORCEMENT AS PROVIDED IN
SUBDIVISION AND THEN IT GOES ON
SO THE I THINK WE TALKED A
LITTLE BIT OUT IN THE HALLWAY --
MAYBE THIS DOESN'T ADDRESS YOUR
YOUR CONCERN AND I'D BE HAPPY TO
WORK WITH THE COMMITTEE A TWO
FOOT TO ADDRESS THAT BECAUSE WE
CERTAINLY DON'T WANT IF THERE IS
A SMALL BREACH TO YOUR POINT WE
DON'T WANT THAT BREACH TO GET
MUCH.
MUCH LARGER AND TO CREATE MORE
OF A LIABILITY THAN THAT THAN
THERE ALREADY IS AT THE SAME
TIME WE DON'T WANT THE COMPANIES
TO HAVE SOME EXCUSE -- FOR NOT
LETTING OF FOLKS KNOW THAT
THERE'S BEEN A BIT BEEN A DATA
BREACH AND SO WOULD BE OPEN TO
THAT TO THAT CONVERSATION AT
THAT'S AND AND I I ABSOLUTELY
AGREE WE HAVE TO HOLD THESE
COMPANIES ACCOUNTABLE I JUST.
YOU JUST DON'T WANNA MAKE THE
SITUATION WORSE SO IF IT'S TAKEN
CARE OF BY THAT STATEMENT IS
ABOUT LAW ENFORCEMENT AND THAT'S
FINE OTHERWISE -- HOPEFULLY
THAT'S SOMETHING YOU CAN WORK ON
SURE.
SO I AGREE WITH THE COMMENTS
FROM MY COLLEAGUE THAT.
WE WANT.
THIS TO HAPPEN AS SOON AS
POSSIBLE SEVENTY TWO HOURS
FIFTEEN DAYS BUT IT MOST FORTY
FIVE HER THAT'S HOW I READ THE
LAW TO BE AS MISTER IS PROPOSING
IT SAYS.
THAT THE DISCLOSURE SHALL BE
MADE IN THE MOST EXPEDIENT TIME
POSSIBLE AND WITHOUT AND
REASONABLE THE LAKE BUT IN NO
CASE LONGER THAN FORTY FIVE DAYS
OF COMPANY WERE TO BE FOUND. TO
REFER TO BE POSSIBLE TO DISCLOSE
WITHIN SEVENTY TWO HOURS OR
FIFTEEN DAYS THEY WOULD BE IN
VIOLATION OF THIS LAWS I READ IT.
BUT AT NO FORTY FIVE AN HOUR
OUTSIDE.
SO I GUESS I DON'T UNDERSTAND
YOUR OPPOSITION.
HAVING LITIGATE THESE CASES THE
THE FORTY FIVE DAY WHATEVER THE
TIME WHEN IT IS.
THAT'S THAT BECOMES THE
INSTITUTIONALIZED DEADLINE TO
COMPLY WITH NOTIFICATION
STATUTES.
THAT BECOMES THE NORM THAT'S
WHAT COMPANIES SHOULD FOR AND
THERE'S NEVER REALLY ANY
INCENTIVE TO IMPROVE THAT TIME
AND THEN IT BECOMES SOMETHING
THAT HAS TO BE LITIGATED ABOUT
WHETHER OR NOT.
A COMPANY SHOULD HAVE --
COMPLIED WITH A NOTE OF CARE
PROVIDED NOTIFICATION EASE EVEN
EARLIER.
SO.
THE HAVING AN OUTSIDE DATE.
GET IT IS A DOUBLE EDGED SWORD
BECAUSE IT ENDS UP AS SOON AS
CALIFORNIA SAYS FORTY FIVE DAYS.
IT'S FORTY FIVE DAYS AND IT'S
ONLY GOING TO BE REALLY IN THE
EXCEPTION THAT IT'S EVER GONNA
BE SHORTER THAN THAT.
IN THERE AS TECHNOLOGY ADVANCES
TOWARD THERE IS GOING TO REALLY
BE NOTICE THAT THERE'S GONNA BE
NO INCENTIVE TO SPEED THAT
TIMELY FRONT TIME FRAME ALONG
IT'S GOING TO BE FORTY FIVE DAYS.
THEN LET'S CREATE THE
LEGISLATIVE RECORD RIGHT NOW
THAT WE WOULD LIKE IT TO HAPPEN
IT'S EXPEDIENT WAY AS POSSIBLE
AND THAT FORTY FIVE DAYS OF THE
OUTSIDE YOU AGREE THAT MISTER
MATH OF COURSE I DO THANK YOU.
MISS WICKS GO AHEAD JUST WANNA
SEE AUTHOR WOULD YOU BE WILLING
TO WORK WITH THE CONSUMER
TOURNEY'S TO DO MAYBE SAY
FIFTEEN DAYS I'D BE HAPPY TO
CONTINUE THE CONVERSATION AS YOU
KNOW ONCE YOU START ONE
CONVERSATION WITH ONE GROUP THAT
THERE'S ANOTHER GROUP THAT COMES
ON THE OTHER.
SIDE -- WHICH IS PART OF THE THE
PROCESS THAT WE HAVE HERE IN THE
LEGISLATURE WHAT I WILL COMMIT
TO USE CONTINUE WORK WITH THE
COMMITTEE I KNOW THAT THE
COMMITTEE STAFF AND ON THE CHAIR --
HAVE THAT DUG INTO THIS A BIT
THERE'S BEEN MANY STAKEHOLDERS
WE JUST LEARNED ABOUT -- THIS
OPPOSITION ON FRIDAY I BELIEVE
I'M SO WOULD LOVE TO BE TAKEN
CONTINUE HAVE A CONVERSATION I
START OFF WITH SEVENTY TWO HOURS --
THAT AND I'VE GONE FROM SEVENTY
TWO HOURS -- TO TO TO FORTY FIVE
DAYS AND IF I CAN JUST MAKE THIS
POINT -- TWO I KNOW THERE'S LOTS
OF CONVERSATIONS BUT I'VE -- AND
I UNLIKE ASSEMBLY MEMBER TOM
FROM BIG BEAR OUT OF MY
COLLEAGUE FROM BIG BEAR -- WHO
WANT TO CAL TECH IN UNDERSTANDS --
HOW THE CYBER WORLD WORKS I
DON'T NECESSARILY I'M FULLY
GRASP HOW THE CYBER WORLD WORKS
HAVE TO MAKE -- IF OF TO BRING
THIS TO REAL TO REAL LIFE AND
THE BEST WAY THAT I'VE EXPLAINED
THIS IS I USED TO DO TAXES FROM
A FOR A LIVING.
AND I WOULD WHEN PREPARING TAXES --
I'D HAVE A CLIENTS WOULD SEND ME
THEIR INFORMATION VIA MAIL RIGHT
SO SECURITY NUMBERS IN DATA
PERSON THAT THE MORTGAGE HOW
MANY KIDS THEY HAD ALL OF THIS
INFORMATION.
AND IF SOMEBODY BROKE INTO MY
OFFICE.
AND I SAW THAT THERE FILE BEEN
TAKEN OFF THE SHELF AND WAS ON
THE GROUND HOW HOW LONG DO YOU
THINK I SHOULD HAVE BEFORE I'VE
CALLED THAT.
CLIENT TO TELL THEM THAT THEIR
INFORMATION -- HAS -- IT AS BEEN --
HAS BEEN TAKEN A POSSIBLY TAKEN
UP I DON'T THINK SEVENTY TWO ARE
THE SEVEN TO OURS IS TOO LONG I
THINK FORTY FIVE DAYS IS TOO
LONG.
WHEN SOME OF THE CONVERSATIONS
THAT I'VE HAD WITH SOME FOLKS
WITH SOME OF THE EARLIER
CONVERSATIONS A CONVERSATIONS
LATER OF GOTTEN MUCH BETTER
WHICH WAS YEAH BUT DON'T YOU
UNDERSTAND THAT IF WE TELL
PEOPLE THAT THEIR?
DATA IS BEEN BREACH THAT --
IT'LL AFFECT OUR BUSINESS -- IT
PEOPLE WON'T TRUST OUR BUSINESS
MY RESPONSE TO THAT IS WHO CARES.
IF IF I HAVE THAT THERE'S
LIABILITY MY INFORMATION MY
MIGHT SERIOUS PERSONAL
INFORMATION THAT COULD HAVE GONE
ACROSS THE WORLD.
AND HAS BEEN TAKEN AND COULD BE
USED FOR SOME NEFARIOUS REASON
WE'VE GOT TO LET PEOPLE KNOW
RIGHT AWAY.
AM YEAH I THINK IT IS
RESPONSIBLE FOR US AS STATE
GOVERNMENT TO SET SOME STANDARDS
SO -- I'M COMMITTED TO THIS AND
FIGURING OUT WHAT THAT TIME
FRAME I MIGHT BE I'M ABOVE OPEN
THE CONVERSATION BUT WITH THE
COMMITTEE -- THEY WERE
UNCOMFORTABLE WITH FORTY FIVE
DAYS AND SO WE'VE GOT FORTY FIVE
DAYS WILL CONTINUE THE
CONVERSATION AS IT PROGRESSES SO
ALL OF IT FOR THE BILL TODAY AND
OF THE PUSH FOR SHORTER TIME
FRAME AND ALIGN MYSELF WITH
CONSUMER TOURNEY'S BUT I THINK
IT'S IMPORTANT CONVERSATION WANT
TO KEEP.
IT GOING THANK YOU SO MUCH.
VERY GOOD JOB IT'S MY
UNDERSTANDING THAT THE G. -- HAD
FORTY DAYS AS THE AVERAGE A AND
IN HIS -- MOST RECENT REPORT SO
SO THAT'S WHY WE FEEL COMFORT I
FEEL COMFORTABLE WITH THE FORTY
FIVE DAYS BUT THE I'M.
DEFINITELY OPEN TO YOU YOU KNOW
ON MARCH FIND OUT A LITTLE BIT
TOO TO THE EXTENT THAT YOU KEEP
BILL CONSENSUS -- WITH ALL THE
STAKEHOLDERS TO KEEP IN THE LOOP
WILLIAMS OUT HERE IF I CAN'T
EVEN IF THIS BILL MOVES OUT
TODAY IF WE CAN CONTINUE OUR
CONVERSATION AND SEEK ADVICE AS
WE AS IT MOVES THROUGH THE
LEGISLATIVE PROCESS.
THANK YOU VERY MUCH -- WITH THAT
WOULD YOU LIKE TO CLOSE
OBVIOUSLY IF THE REQUEST AND I
FELT VERY GOOD TO OUT DO I HAVE
A MOTION AND IT -- THE MOTION IS
TO PASS -- AS AMENDED TO THE
ASSEMBLY FLOOR SO WITH THAT --
ROLL CALL PLEASE.
CHAU HI.
CHAO I KILEY.
BAUER-KAHAN I BAUER-KAHAN I
BERMAN.
CALDERON.
CALDERON I GABRIEL [inaudible]
GALLAGHER [inaudible]
IRWIN -- WHEN I OBERNOLTE
OBERNOLTE AYE SMITH?
SMITH I WEEKS WEEKS TIME YES
SEVEN OH TWO BILLS OUT THANK YOU.
AND WE'VE DONE [inaudible]
ORDER.
CAN I HAVE.
BEEN KNOWN.
TO MOST OF MISTER OBERNOLTE HERE
NEXT.
WHICH LIKE THE PRESENT FIRST
BEFORE YOU NOW HAVE EVENT DATA
RECORDERS ARE EDIE OURS THAT ARE
EVERY BIT AS SOPHISTICATED AS
THOSE AN AIRCRAFT.
AND THAT THEY CAN STORE DATA
THAT'S VERY USEFUL TO THE
INVESTIGATORS OFACCIDENTS
INVOLVING THOSE VEHICLES.
THIS BILL IS AN EFFORT TO GIVE
LAW ENFORCEMENT AGENCIES ARE
INVESTIGATING SERIOUS ACCIDENTS
INVOLVING SERIOUS BODILY INJURY
OR DEATH ACCESS TO A VERY
LIMITED SUBSET OF DATA ON THESE
ELECTRONIC DATA RECORDERS.
AND I'M AWARE THAT WE'RE ALL WE
ALL ARE PRIVACY CONCERNS WE WANT
TO MAKE SURE THAT WE NARROWLY
TAILORED THIS DATA THAT THEY
HAVE ACCESS -- TO TO MAKE SURE
THAT WE PROTECT THE PRIVACY OF
THE PEOPLE WHO OWN THESE
VEHICLES AND SO WE TAKE AND WE
WE STARTED OFF WITH A VERY
CONSTRAINED.
VIEW OF THE DATA THAT WAS GOING
TO BE ACCESSIBLE BUT IN THE
PUBLIC SAFETY COMMITTEE WE WE
TOOK AMENDMENTS THAT NARROW DOWN
EVEN FURTHER SO.
THIS WOULD BE ONLY ON OF THE IN
ACCIDENTS INVOLVING SERIOUS
BODILY INJURY OR DEATH -- ONLY A
VERY LIMITED SUBSET OF THE DATA
AVAILABLE ON THE ET ARE SO THAT
WOULD BE.
THINGS LIKE STEERING WHEEL
POSITION AND ACCELERATOR
POSITION BREAKING POSITION THE
PERFORMANCE OF THE AIR BAGS
WHETHER OR NOT THE SEAT BELTS
WERE FAST AND THINGS LIKE THAT.
ONLY TO A PERIOD FIVE MINUTES
FIVE SECONDS BEFORE TO ONE
SECOND AFTER THE ACCIDENT AND
ONLY -- WITH A JUDGE'S CONSENT
BECAUSE THEY'D HAVE TO STILL
FILE FOR A WARRANT TO GET ACCESS
TO THIS INFORMATION SO THIS
WOULD REALLY HELP.
LAW ENFORCEMENT AGENCIES --
INVESTIGATE THE CAUSES OF THESE
ACCIDENTS THIS IS VALUABLE
SCIENTIFIC EVIDENCE -- THAT I
THINK THAT THEY'RE ENTITLED.
TO FIRST ONE IS PLEASE THANK YOU
GOOD AFTERNOON CHAIR AND MEMBERS
OF THE COMMITTEE I AM DEPUTY
DISTRICT ATTORNEY JOHN PHILPOT
I'M HERE ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION.
AS WELL AS SAN DIEGO COUNTY
DISTRICT ATTORNEY SUMMER STEPHAN
IN STRONG SUPPORT OF ASSEMBLY
BILL.
SIXTEEN THIRTY EIGHT I WOULD
LIKE TO THANK ASSEMBLY MEMBER
OBERNOLTE FOR OFFERING THIS
IMPORTANT LEGISLATION.
I'VE BEEN A DEPUTY DISTRICT FOR
TWENTY ONE YEARS I'VE PROSECUTED
MANY VEHICULAR CRIMES INCLUDING
VEHICULAR MANSLAUGHTER.
I ALSO WAS A CIVIL LITIGATOR FOR
FIVE YEARS BEFORE COMING OF
BECOMING A PROSECUTOR.
AND EVENT DATA RECORDER OR EDR
IS OFTEN COMPARED TO THE SO
CALLED BLACK BOX IN AN AIRCRAFT
THAT IS USED BY.
AIRCRAFT INVESTIGATORS TO
DETERMINE THE CAUSE OF CRASHES
OF COMMERCIAL AIRLINERS IN BOTH
SITUATIONS WITH EDIE OURS AND
WITH A COMMERCIAL AIRLINE
SITUATIONS TECHNICAL DATA
PROVIDES INVESTIGATORS CRITICAL
SCIENTIFIC EVIDENCE.
WHAT WAS GOING ON WITH THE
VEHICLE OR AIRCRAFT WHEN IT
CRASHED?
ET OUR DATA COMES FROM VEHICLES
AIRBAG DEPLOYMENT SYSTEMS AND
EIGHTY OUR CAPTORS THINGS LIKE
STEERING BREAKING SPEED.
AND SEAT BELT USE BUT BY DESIGN
THE ET ARE ONLY CAPTURES FIVE
SECONDS BEFORE TWO ONE SECOND
AFTER THE CRASH.
PRACTICALLY SPEAKING IF THERE IS
NO A VENT MEANING A CRASH THERE
IS NO DATA RECORDED.
A TRAINED EXPERT CAN YOU
SPECIALIZED EQUIPMENT TO PLUG
INTO A VEHICLE AND RETRIEVED
FROM THAT VEHICLE THE ET OUR
DATA.
THAT DATA ALONG WITH PHYSICAL
EVIDENCE AND WITNESS STATEMENTS
IS USED TO DETERMINE WHAT
HAPPENED IN A CRASH.
IMPORTANTLY TYPICAL EDR DATA IS
NOT CONSIDERED PRIVATE FROM A
CONSTITUTIONAL PERSPECTIVE IN
THE STATE OF CALIFORNIA.
THIS IS PURSUANT TO PEOPLE
VERSUS D. AS A CASE OUT OF
TWENTY THIRTEEN ASIDE ON THAT IS
TWO THIRTEEN CALLOUT.
FORTY SEVEN FORTY THREE THE
REASON BEING IS THAT VEHICLE
MOVEMENT SPEED AND BREAKING ARE
ALL THINGS THAT ARE EXPOSED TO
PUBLIC VIEW WHEN A VEHICLE IS ON
A ROADWAY.
SO FROM A CONSTITUTIONAL
PERSPECTIVE IT IS NOT PRIVATE
CERTAINLY FROM STATUTORY
PERSPECTIVES IN CALIFORNIA THERE
IS PRIVACY INVOLVED.
NOW IMAGINE THIS SCENARIO AND
THIS IS JUST ONE OF MANY THAT
LAW ENFORCEMENT IS CONFRONTED
WITH OFTEN.
A CAR IS FOUND CRASHED INTO A
BRIDGE ABUTMENT THE DRIVER IS
DEAD THE DRIVER HAPPENS TO BE
THE REGISTERED OWNER OF THE
VEHICLE.
AND THE PASSENGERS IN A COMA
THERE WERE NO WITNESSES.
LAW ENFORCEMENT IS PASSED BY THE
VEHICLE CODE WITH CONDUCTING AN
INVESTIGATION DETERMINING WHAT
HAPPENED.
WHAT WAS THE CAUSE WERE ANY LAWS
VIOLATED?
LAW ENFORCEMENT UNDER CURRENT
LAW IN THAT SITUATION CANNOT
COMPEL.
THE EAT THE PRODUCTION OF THE E.
D. R. DATA BECAUSE THAT SCENARIO
DOES NOT AMOUNT TO A FELONY
INVESTIGATION.
AB SIXTEEN THIRTY EIGHT WILL FIX
THIS PROBLEM AND THIS IS ONE OF
MANY ILLUSTRATIONS.
IN ADDITION TO POTENTIAL
CRIMINAL CHARGES AN EXONERATION
OF THE INNOCENT IMPORTANT
DECISIONS ABOUT WHETHER TO FILE
A CIVIL LAWSUIT AND IF SO
AGAINST WHO.
WHAT COMPANY OR WHAT
GOVERNMENTAL ENTITY ARE MADE
BASED ON THE RESULTS OF THE LAW
ENFORCEMENT CRASH INVESTIGATION?
CIVIL LAWYERS NOTE THAT IF ET
ARE IS NOT ATTAINED BY LAW
ENFORCEMENT.
THE CARD MAY GO TO A CRUSHER AND
THE EDR DATA WILL BE LOST
FOREVER.
CIVIL LAWYERS ARE ALSO WELL
AWARE THAT IF LAW ENFORCEMENT
DID NOT.
GET THE EDR DATA THEY CAN FILE A
CIVIL LAWSUIT AND USE CIVIL
SUBPOENAS AND CIVIL COURT ORDERS
TO OBTAIN THE VERY EDR DATA.
THAT LAW ENFORCEMENT CURRENTLY
CANNOT OBTAIN.
AB. SIXTEEN THIRTY EIGHT DOES
ALLOW FOR A SEARCH WARRANT IN
CASES WHERE AN INFRACTION IS THE
UNDERLYING PUBLIC OFFENSE.
THIS IS NOT UNIQUE A PUBLIC
OFFENSE CAN BE THE BASIS FOR A
SEARCH WARRANT UNDER EXISTING
CALIFORNIA PENAL CODE.
FIFTEEN TWENTY FOUR EIGHT THREE
ADDITIONALLY VARIOUS FELONY
CRIMES THAT WE CURRENTLY HAVE
ARE BASED ON THE HIT KILLER
INFRACTION CONDUCT.
SUCH AS VEHICULAR MANSLAUGHTER
AND RECKLESS OF AID.
AB SIXTEEN THIRTY EIGHT IS
UNIQUE IT ADDRESSES AN ISOLATED
LEGAL SITUATION OF LAW
ENFORCEMENT FACES IT APPLIES
SOLELY TO THE RARE LEGAL ANOMALY
WHERE INFRACTION CONDUCT.
WHICH CAUSES SOMEONE TO DEATH OR
SERIOUS BODILY INJURY.
NEEDS TO BE INVESTIGATED BUT
THAT CONDUCT IS NOT NECESSARILY
A FELLOW.
AB SIXTEEN THIRTY EIGHT IS
NARROWLY TAILORED TO ADDRESS THE
PROBLEM AT HAND.
IT'S A REASONABLE BALANCE
BETWEEN STATUTORY PRIVACY
CONSIDERATIONS.
HOW PRIVATE SENSITIVE OR
PERSONAL IS THE INFORMATION
VERSUS HOW IMPORTANT IS THAT
INFORMATION TO LAW ENFORCEMENT
INVESTIGATIONS AND WHAT SOCIETY
EXPECTS FROM OUR LAW ENFORCEMENT
CRASH INVESTIGATORS?
AB SIXTEEN THIRTY EIGHT DOES NOT
APPLY TO ALL VEHICLE CRASHES AB
SIXTEEN THIRTY EIGHT DOES NOT
APPLY TO CRASHES WITH ANY TYPE
OF INJURY.
IT IS SOLELY RELATED AND APPLIES
TO ONLY THE MOST SERIOUS CRASHES
THOSE RESULTING IN DEATH OR
SERIOUS BODILY INJURY.
I'M ASKING FOR YOUR AYE VOTE IN
AVAILABLE TO ANSWER ANY
QUESTIONS YOU MAY HAVE THANK YOU.
THANK YOU VERY MUCH ADDITIONAL
SUPPORTERS.
CNN OPPOSITION PLEASE COME.
FOR WELCOME.
AFTERNOON MISTER TURN MEMBERS
KEVIN BACON FOR THE AMERICAN
CIVIL LIBERTIES UNION OF
CALIFORNIA WE ARE IN OPPOSITION
TO THE BILL -- ACTUALLY QUITE
PERPLEXED -- BY THE BILL THE THE
WITNESS IN THE AUTHOR OF BEEN
DESCRIBING VEHICULAR
MANSLAUGHTER IN OTHER SITUATIONS --
THESE ARE -- EXISTING FELONY
CRIMES THAT FOR WHICH A SEARCH
WARRANT IS OBTAINABLE -- AND IT
IS NOT AT ALL CLEAR TO US WHY A
SEARCH WARRANT WOULD BE --
ALLOWED FOR THE FIRST TIME.
IN THESE SITUATIONS THAT DO NOT
INVOLVE SERIOUS OFFENSES.
THAT IS VERY CONSTITUTIONAL
BALANCE IN CALIFORNIA.
WE ALLOW SEARCH WARRANTS FOR AN
IMPORTANT CRIMINAL OFFENSES BUT
WE DO NOT.
HAVE A PROVISION FOR THE
ISSUANCE OF SEARCH WARRANTS IN
THOSE CASES WHERE WE DO NOT HAVE
A SERIOUS CRIME.
SO IT'S IT WOULD BE A A NOVEL
PROPOSITION DESPITE THE LIMITED
CIRCUMSTANCES THAT THE THAT THE
AUTHOR SAYS TO WHICH THE BILL
APPLIES.
TO IT IS NEVERTHELESS IMPORTANT --
DEVIATION FROM EXISTING -- LEGAL
SCHEME AND WE'RE OPPOSE FOR THAT
REASON.
THANK YOU ADDITIONAL OPPOSITION.
AT THE CORNER THE ELECTRONIC
FRONTIER FOUNDATION I APOLOGIZE
TO THE AUTHOR WERE A LITTLE LATE
TO THIS PARTY -- BUT WOULD LIKE
TO AFFILIATE MYSELF WITH THE
COMMENTS OF MY COLLEAGUE FROM A
CELL YOU LOOK FOR TO CONNECTING
WITH YOUR OFFICE THANK YOU.
THANKS SEVEN ADDITIONAL
OPPOSITION SEE NINE LET'S BRING
BACK TO THE COMMUNITY QUESTIONS
COMMENTS OR MISS WICKS GO AHEAD.
THANK YOU THANK YOU JUST ADDRESS
THE ACLU'S CONCERNED A CONCERN --
AROUND ALLOWING SEARCH WARRANTS
FOR NON SERIOUS CRIMES.
SO.
I'LL TELL TELL YOU MY OPINION
AND THEN I'D LIKE ARE WITH MY
WITNESS TO WEIGH IN AS WELL BUT
THERE ARE SITUATIONS WHERE LAW
ENFORCEMENT IS INVESTIGATING A
SERIOUS ACCIDENT.
WHERE THE VEHICLE OWNERS UNABLE
TO GIVE CONSENT SO THE VEHICLE
OWNERS TO SEE STIR THE VEHICLE
OWNER IS? FIVE IN A COMA AND
CAPACITY TO AND IN THOSE
CIRCUMSTANCES.
THERE IS NOT A LEGAL MECHANISM
FOR LAW ENFORCEMENT TO GET
ACCESS TO THAT THE THE DATA ON
THE U. D. R. UNLESS A FELONY HAS
BEEN COMMITTED SO THOSE ARE THE
THE THERE'S A LOOPHOLE WE'RE
TRYING TO GO AFTER HER.
NOTHING AT THE YES I I WOULD SAY
THE CURRENT STATUTORY LAW.
WE END UP WITH THE SITUATION OF
WHAT I SEE IS ON UNINTENDED
CONSEQUENCE YOUR GOOD CODE --
NINE NINE FIVE ONE BASICALLY
SAYS HE LAW ENFORCEMENT OR
ANYBODY YOU DON'T ACCESS TO YOUR
DATA WITHOUT CONSENT FOR AN
ORDER OF THE COURT.
THERE ARE TWO BASIC TYPES OF
ORDERS OF THE COURT SUBPOENAS.
WHICH ARE MUCH LESS STRINGENT
AND SEARCH WARRANTS AND SEARCH
WARRANTS.
LAW ENFORCEMENT DOES NOT HAVE
AVAILABLE TO IT AT THE
INVESTIGATION STAGE A SUBPOENA
IT'S NOT.
SOMETHING IT'S NOT A TOOL THAT
THEY HAVE IN THEIR TOOL BOX.
WE ARE ASKING THAT LAW
ENFORCEMENT -- GIVEN A TOOL IN
THE TOOLBOX IN ORDER TO CONDUCT
A PROFESSIONAL INVESTIGATION
WHEN SOMEONE IS DEAD OR
SERIOUSLY BOTTLE THE IN SUCH
SERIOUSLY BODILY INJURY.
CAN WE GET THE ACLU'S RESPONSE --
TO SOME NUMBERS TAKE ON THAT.
WELL THE OTHER IS SOME SORT OF
REPEATED WHAT THE BILL DOES HAVE
SOME.
I I DON'T I HAVEN'T HEARD -- A
JUSTIFICATION FOR WHY THIS
IMPORTANT DISTINCTION SHOULD NOW
BE TRAVERSED FOR THE FIRST TIME.
IT IN IN MANY CASES COVERED BY
THE BILL CONSENT WOULD BE
ATTAINABLE OBVIOUSLY WHEN THE
DRIVER IS DEAD AND HE IS OR SHE
IS THE ONLY PERSON THAT COULD
GIVE CONSENT.
THEN THAT MIGHT BE ONE LIMITED
CIRCUMSTANCE BUT THAT'S NOT THE
ONLY CIRCUMSTANCE WHICH TO BUILD
PLIES.
AND YOU VIEW THIS IS SORT OF A
SLIPPERY SLOPE.
YEAH OKAY I AND I I DO SURE THAT
CONCERNING -- CANCER PUBLIC
SAFETY I THINK I'VE STAINED THAT
VOTE AND I WILL PROBABLY DO THE
SAME HERE BUT MR CARTER A GO
AHEAD -- IT IF IT IS YOUR COULD
YOU CAN ANSWER.
IN THE EVENT THAT THERE IS
SOMEBODY WHO IS THE SEASON I
CANNOT OBTAIN THAT INFORMATION
CAN I OBTAIN THAT CONSENT HOW
CAN YOU OBTAIN THAT INFORMATION.
UNDER CURRENT LAW.
WELL THE THERE THERE MAY BE
CIRCUMSTANCES WHERE.
CERTAIN INFORMATION IS NOT
ALWAYS AVAILABLE.
ON FOR SPENT IN CERTAIN
CIRCUMSTANCES -- WHAT WE'RE
TALKING ABOUT HERE IS A FAIRLY
NARROW SITUATION IT IT SEEMS --
BUT IT IS NOT -- LIKELY TO BE
ONE THAT ARISES OFTEN -- AND AND
NOT ONE THAT WE THINK IT'S
SUFFICIENT TO JUSTIFY DEPARTING
FROM OUR LONG STANDING
CONSTITUTIONAL PRINCIPLES.
IN THE EVENT THAT WE RUN INTO A
SITUATION WHERE SOMEBODY IS A
SEES TO IT WOULD SEEM THAT THE
LAW IS LACKING IN TERMS OF HOW
YOU CAN OBTAIN THIS INFORMATION
IT COULD HELP YOU DETERMINE.
THE THE THE CIRCUMSTANCES
SURROUNDING THE ACCIDENT OF
CIRCUMSTANCES SURROUNDING IT
WHATEVER THE SITUATION IS THAT
YOU COULD MAYBE LEARN FROM BEING
ABLE TO HAVE ACCESS TO THIS TYPE
OF INFORMATION -- I MAY NOT
NECESSARILY THOROUGHLY DISAGREE
WITH YOUR ARGUMENT IN TERMS OF
LONGSTANDING PRACTICE AND
OPENING THIS PER PROCESS UP BUT
IT SEEMS LIKE SEEMS TO ME THAT
THERE COULD BE A GAP.
IN GETTING GAINING ACCESS TO
THIS TYPE OF INFORMATION --
ESPECIALLY IN THE EVENT THAT
SOMEBODY HAS BEEN -- DECEASED SO
IS BECAUSE OF THAT I'M TO BE
SUPPORTING THE BILL TODAY ALLOW
YOU TO CONTINUE TO WORK WITH THE
OPPOSITION.
ON THIS BILL AND AND I'M WITH
THE BILL.
MISS POWER CAN.
SO I TO SET ON PUBLIC SAFETY
WHEN WE VOTED ON THIS -- AND YOU
WEREN'T THERE SO AND ASK YOU THE
QUESTION I ASKED IN THAT HEARING
WHICH WAS.
WILL GIVES ME COMFORT IS THE
FACT THAT THEY HAVE TO GO
THROUGH THE WARRANT PROCESS
ALTHOUGH I MY UNDERSTANDING OF
THIS WOULD BE THAT THE STANDARD
WOULD BE DIFFERENT. FOR THESE
REQUESTS THAN IT THAN ANY OTHER
SEARCH WARRANT IS THAT WHAT
YOU'RE ARGUING.
I DON'T.
I DON'T KNOW THE STANDARD WOULD
BE OKAY SO I GUESS IF THEY'RE
HAVING TO GO THROUGH THE SEARCH
WARRANT PROCESS WHICH IS THE
PROCESS THAT WE MANDATE TO
PROTECT ONE'S CONSTITUTIONAL
RIGHT I GUESS I'M CONFUSED AS TO
WHAT YOUR CONCERN IS.
WELL OUR AT THAT.
OTHER NEED LAWYER YOURSELF --
YOU UNDERSTAND THAT CALIFORNIA'S
SEARCH WARRANTS STATUTE OPERATES
TO CURB GOVERNMENTAL OVER REACH
AND PROTECT PRIVACY AND SO IT.
HAS THIS BALANCE OF PRIVACY
CONCERNS WITH -- JUDGMENT PUBLIC
SAFETY CONCERNS -- BUT IT IS IT
IS IT IS FOCUSED ON THOSE
SERIOUS CRIMES.
THAT'S THE SITUATION IN WHICH WE
AUTHORIZE SEARCH WARRANTS.
GOT IT BUT THE COURT WOULD STILL
HAVE TO DO THAT DETERMINATION TO
BALANCE THE PRIVACY INTEREST OF
THE INDIVIDUAL FOR WHOM THIS
DATA WAS BEING.
SOUGHT AND THE NEED FOR THE DATA
BUT YOU'RE ALSO OPENING UP NOW
WITH THE FIELD TO SEARCH
WARRANTS. TO THE WHOLE LITANY OF
OTHER POTENTIAL LOW LEVEL
INFRACTIONS.
LOOK AT WHERE THEY DID NOT EXIST
OKAY I UNDERSTAND THANK YOU.
A MISTER GALLAGHER -- JUST TO
QUIT BUT IT WOULD STILL HAVE TO
INVOLVE A SITUATION WHERE.
DEATH OR SERIOUS BODILY INJURY
HAD OCCURRED CORRECT THAT'S
CORRECT THAT'S THE WAY WE'VE
NARROWLY TERREL TAYLOR THE BILL
ONLY IN THOSE ACCIDENTS.
THANK YOU VERY MUCH WELL IT
WOULD JUST BE BACK ON NOW THAT --
OB GRANTED THERE IS STILL THE
BUFFER OF REQUIRING A SEARCH
WARRANT.
I THINK THAT THE DEFINITION FOR
OF PUBLIC OFFENDS AND ALSO THE
SERIES -- BODY INJURY -- A SOLO
NEBULOUS LET ME JUST POINT OUT.
TO WHERE I STAND ON IT.
UP I THINK WHEN IT COMES TO
PUBLIC OFFENSE I THINK IT'S BEEN
ARTICULATED -- BY THE DA AND OB.
TO INCLUDE INFRACTIONS FOR
EXAMPLE.
NOW AS FAR AS THE TERM SERIOUS
BODILY INJURY.
THE WAY THAT I READ IT IS THAT
IS IT SAYS.
ON THEY DEFINE CERES BODILY
INJURY TO MEAN A SERIOUS
IMPAIRMENT OF PHYSICAL CONDITION
INCLUDING BUT NOT.
LIMITED TO THE FOLLOWING. ONE
LOSS OF CONSCIOUSNESS CONCUSSION
BONE FRACTURE.
AND THAT'S THE ONE THAT I'M
CONCERNED ABOUT BECAUSE I WHEN I
WAS IN PRACTICE I DID A FEW
FENDER BENDER CASES AND ALL.
IN MANY OF THOSE INSTANCES OF
PEOPLE HAD BILL FACTOR.
AND DOT AND THEY WERE IN FASHION
CASES SO WITH THIS NEW LAW.
THERE WERE TALKING ABOUT --
SOMEBODY THE GOVERNMENT IN FACT
TO HAVING THE ABILITY.
TO GET POTENTIALLY GET THE BLACK
BOX OF THAT VEHICLE.
EVEN IF THE INJURY IS SIMPLY A
BONE FRACTURE.
SO WHICH IS AN INFRACTION.
SO THAT'S FOR MY CONCERN IS OUR
NOW.
DE GRANTED AGAIN YOU KNOW DO YOU
STILL HAVE THAT BUFFER BEING
THAT THAT SEARCH WARRANT YOU
KNOW THE JUDGE WOULD STILL HAVE
TO APPROVE IT AND ALL THAT.
BUT IT DOES OPEN UP SOME SOME --
SOME DOOR WHICH IS A WHICH
DEVIATES FROM WHAT CURRENT LAW
SAYS WHICH IS CAL UP ON OUR END
AS FAR AND THE DA ALSO MISSION
ABOUT THE THE PENAL CODE
FOURTEEN TWENTY FOUR A BELIEF
THAT PERTAINS ONLY.
TO ON YOU KNOW BUT NON
ELECTRONIC DEVICES BUT WE'RE
TALKING ABOUT YOU KNOW SMART
PHONES AND AND AND AND AND
YOU'RE TRYING TO DEVICES AND THE
LIKE IN THIS PARTICULAR
SITUATION.
SO SO THOSE ARE SOME OF THE
ISSUES THAT I SO HAVE.
IT'S IT'S A IT'S A FINE ON ARMED.
THE DIFFERENCE -- BUT YET AYE
AYE YEAH I DO APPRECIATE THE
FACT THAT YOU YOU TRY TO LIMIT
THE BILL TO A VERY.
VERY PARTICULAR SITUATION --
SITUATIONS BUT BUT YET I I'M
STILL NOT VERY COMFORTABLE WITH
THE WITH THE FOOTBALL FRACTURE
SITUATION WHICH WILL CALL FOR
THE BLAK BOX TO BE. TO BE
HANDED OVER OF FOR EXAMPLE -- SO
IF YOU HAVE AN ANSWER I I'D LOVE
TO HEAR SO. TO BE CLEAR THE
DEFINITION OF SERIOUS BODILY
INJURY THAT YOU QUOTED.
IS NOT FROM THIS BILL WE JUST
REFERENCED THE SECTION OF STATE
CO THE TO FIND SERIOUS BODILY
INJURY BECAUSE WE WERE TRYING
NOT TO REINVENT THE WHEEL.
THAT THAT'S THE REASON WHY IT'S
TO FIND THE WAY IT IS -- BUT SO
WE HAD TO DRAW THE LINE
SOMEWHERE AND THEN DO YOU KNOW
THE DEFINITION OF SERIOUS BODILY
INJURY ELSEWHERE IN STATE CODE
IS.
IS WHERE WE CHOSE TO DO IT BUT
I'M OPEN TO ANY SUGGESTIONS
ABOUT HOW TO FURTHER NARROW THE
FOCUS OF THE BILL.
SO THAT WE ACCOMPLISH WHAT WE'RE
TRYING TO DO HERE WITHOUT
JEOPARDIZING PEOPLE'S PUBLIC
SAFETY AND I THINK I'VE
DEMONSTRATED A WILLINGNESS AS WE
MOVE TO THE PROCESS HERE. TO TO
REALLY BEND OVER BACKWARDS TO
STRIKE THAT APPROPRIATE
COMPROMISED AND GOT IT THANK YOU
VERY MUCH ADDITIONAL QUESTIONS
COMMENTS.
VERY GOOD IN -- WOULD YOU LIKE
TO CLOSE I I THINK WITH OUR
COMMUNITY I FEEL MORE
COMFORTABLE SO WOULD YOU LIKE TO
CLOSE YES BUT WE AS I SAID WE
TRIED VERY HARD TO STRIKE AN
APPROPRIATE BALANCE HERE.
IN PROTECTING PEOPLE'S PRIVATE
INFORMATION BUT ALSO GIVING LAW
ENFORCEMENT AGENCIES THE TOOLS
THAT THEY NEED TO DO THEIR JOB
INVESTIGATING THESE ACCIDENTS SO
I'D RESPECTFULLY REQUEST DRIVE
OUT.
I THINK THE THERE IS A MOTION.
TWENTY SECOND I NEED A SECOND
SECOND.
SO OUR MADAM SECRETARY PLEASE
CALL THE ROLL.
CHAO HI NOW I KILEY BARRICADE
HAN HI BAUER-KAHAN I BERMAN.
CALDERON CALDERON HI GABRIEL
[inaudible]
GALLAGHER.
GALLAGHER I IRWIN -- WHEN I
OBERNOLTE HI OBERNOLTE I SMITH?
SMITH FIVE WEEKS.
WHAT'S NOT VOTING. SEVEN SEVEN
SEVEN ZERO SO YOUR BILL IS HELP --
I DO RESERVE MY RIGHT TO CHANGE
MY VOTE.
BEFORE THE FLOOR.
THANK YOU VERY MUCH.
MR -- IN EUROPE.
ITEM ONE DEBTS AB.
FIVE TWENTY THREE GOOD AFTERNOON
CHAIR AND MEMBERS OF THE
COMMITTEE I AM PLEASED TO
PRESENT AB FIVE TWO THREE TWO
THIS AFTERNOON.
THIS BILL IS IN RESPONSE TO A
TROUBLING INVESTIGATIVE REPORT
THAT UNCOVERED THE PRACTICE OF
TELECOMMUNICATIONS COMPANIES.
OR CELL PHONE COMPANIES SELLING
SENSITIVE SUBSCRIBER INFORMATION
WITH THE MOST CONCERNING BEING
REAL TIME LOCATION DATA.
THIS INFORMATION WAS AND
PACKAGED AND RESOLD BY MIDDLEMAN
TO ANYONE WILLING TO PAY USUALLY
BOUNTY HUNTERS AND OTHERS WITH
AN INTEREST IN FINDING AND
STALKING INDIVIDUALS.
UNDER CURRENT LAW THE SAME
INFORMATION IS ONLY AVAILABLE TO
LAW ENFORCEMENT WITH THE SEARCH
WARRANTS AN IMPORTANT PROTECTION
DUE TO THE HIGHLY SENSITIVE
NATURE OF YOUR LOCATION.
FEDERAL LAW AND REGULATIONS OF
CLEARLY REQUIRED
TELECOMMUNICATIONS COMPANIES TO
PROTECT THIS DATA.
AND TO ONLY SHARE A WITH
SUBSCRIBERS CONSENT.
HOWEVER THE ONLY FEDERAL
ENFORCER THE FCC HAS FAILED TO
HOLD TELECOM COMPANIES
ACCOUNTABLE.
AFTER THIS CONDUCT WAS UNCOVERED
LAST SUMMER IN JUNE EVERY MAJOR
TELECOM CO COMMITTED TO ENDING
THIS PRACTICE.
GET EVEN MORE INVESTIGATIVE
JOURNALISM WAS ABLE -- TO AND
INVESTIGATIVE JOURNALIST WAS
ABLE TO OBTAIN REAL TIME
LOCATION INFORMATION OF HER OWN
CELL PHONE THIS JANUARY.
THIS BELL BILL INTENDS TO MIRROR
THE RESTRICTIONS ARE READY
PRESENT IN FEDERAL LAW.
IT DOES SO BY UPDATING DECADES
OF CALIFORNIA PROTECTIONS THAT
WERE ENACTED WHEN LANDLINES WERE
THE ONLY FORM OF COMMUNICATION.
AND AND HAVE BEEN OF FAR
SURPASSED BY FEDERAL LAW THE
COMMITTEE ANALYSIS POINTS TO
SOME AMBIGUOUS DRAFTING IN THE
BILL THAT PUTS INTO QUESTION IF
GEO LOCATION IS WITHIN THE
DEFINITION DEFINITION OF
CONSUMER.
PROPRIETARY NETWORK INFORMATION
OR CPNI.
IN DRAFTING THE BILL OF MY
INTENT WAS TO MERIT FEDERAL LAW
AS MUCH AS POSSIBLE WITHOUT NAY
UNNECESSARILY DISTURBING
EXISTING STATELAW WHICH I
BELIEVE HAS LED TO THIS
AMBIGUITY.
I'M COMMITTED TO WORKING WITH
THE COMMITTEE STAFF TO MAKE
CLEAR THAT THE IN THE BILL THAT --
CONSISTENT WITH FCC RULINGS GEO
LOCATION IS CPNI WITH AB FIVE
TWO THREE CALIFORNIA'S WILL BE
ABLE TO HOLD THESE
TELECOMMUNICATIONS CEO AS TO
THEIR WORD AND NOT HAVE TO WAIT
FOR THE FCC TO DECIDE TO DO
THEIR JOB.
I AM PLEASED TO HAVE WITH ME
TODAY TARA DíAS OF ANDREAS FROM
THE P. UC'S PUBLIC ADVOCATE'S
OFFICE TO SPEAK AND SUPPORT AQ
OUR FIRST WITNESS PLACE.
THANK YOU CHAIRMAN MEMBERS AGAIN
TERRY IDEA SANDERS FROM THE
PUBLIC ADVOCATE'S OFFICE
FORMALLY THE OFFICER REPAIR
ADVOCATES.
ON WE ARE IN STRONG SUPPORT OF
AB TWENTY THREE WHICH WOULD HELP
STRENGTHEN CRAZY PRIVACY
PROTECTIONS FOR CUSTOMERS OF
TELEPHONE COURT CORPORATIONS
INCLUDING -- WIRELESS PROVIDERS.
THIS BILL WOULD REQUIRE ROYALIST
PROVIDERS TO OBTAIN WRITTEN
CONSENT FROM THEIR CUSTOMERS
BEFORE THEY SELL OR SHARE THE
CUSTOMER'S REAL TIME.
LOCATION INFORMATION TO OTHER
INDIVIDUALS AND BUSINESSES.
ALTHOUGH WIRELESS CARRIERS HAVE
CLAIMED THAT THEY DO NOT SO
CUSTOMERS YOUR LOCATION DATA
RECENT INVESTIGATIONS INTO THE
DATA SHARING PRACTICES.
OF WIRELESS CARRIERS HAVE SHOWN
THE STATEMENTS TO BE FALSE.
WE SUPPORT THIS BILL BECAUSE IT
WOULD HELP PUT AN END TO THIS
PRACTICE AND STRENGTH AND
PRIVACY PROTECTIONS THAT THE
CUSTOMERS TO SERVE THANK YOU.
NEXT WITNESS PLEASE.
ADDITIONAL SUPPORT OPPOSITION
PLEASE COME FORWARD.
CHAU SUPPORT -- MORE MONEY ON
BEHALF OF CONSUMER REPORTS HOW
WE STRONGLY SUPPORT THE GOALS
THIS LEGISLATION IN KEEPING WITH
OUR SUPPORT OF AMENDED POSITION
THANK YOU THANK YOU MUCH
OPPOSITION.
YOU MAY BEGIN MR CHAIRMAN
MEMBERS STEVE CARLSON FOR CTIA
THE WIRELESS INDUSTRY.
INDUSTRY ASSOCIATION WE HAVE
BEEN WORKING WITH MR WAY AND AND
HAD OUR SOME OF OUR COMPANY'S
PRIVACY EXPERTS ON THE PHONE
WITH THEIR STAFF THE OTHER DAY.
TO TRY TO WORK THROUGH SOME OF
THE ISSUES AND I THINK THE THE
ANALYSIS DOES POINT OUT THAT
THERE IS SOME CONFUSION AN
OVERLAP WITH THE C. C. P. A.
WITH THE FEDERAL RULES AND THE
LIKES IS WE'RE TRYING.
TO SORT SOME OF THAT OUT BUT I
THOUGHT IT IMPORTANT TO MAYBE
SET THE CONTEXT FOR HOW.
THIS HAPPENED -- THE DATA WAS
PROVIDED TO A THIRD PARTY
AGGREGATOR BY EACH OF THE
CARRIERS. TO TO DO THINGS LIKE
PROVIDE DATA FOR ROADSIDE
ASSISTANCE IN LIFE ALERT --
CHECK VERIFICATION -- THE THINGS
THAT HELP CUSTOMERS IN THE
DECIDED TO USE THE AGGREGATOR
BECAUSE IT WAS EASY TO WORK
THROUGH ONE ENTITY RATHER THAN
HAVE EACH CARRIER DO THAT.
OF THE INFORMATION UNFORTUNATELY
WAS TAKEN BY THAT AGGREGATOR AND
USE FOR PURPOSES THAT THE
CARRIERS HAD NOT INTENDED --
THAT PRACTICE WAS STOPPED
PERHAPS NOT QUICKLY ENOUGH --
FOR FOR FOR SOME BUT IT HAS
STOPPED -- IN IT IT ALSO HAS
KIND OF RAISED A COUPLE OF A
POTENTIAL ISSUES WITH SUPPORTING.
OF THOSE.
SERVICES -- ROADSIDE ASSISTANCE
IN LIFE ALERT I MEAN BASED UPON.
THE WAY THE BILL IS WRITTEN IT'S
CONCEIVABLE THAT YOU MIGHT HAVE
TO GO AND GET WRITTEN CONSENT TO
GET A TOW TRUCK I DON'T THINK
THAT'S WHAT IT'S INTENDED.
BUT WITH THE WAY THAT THE BILL
HAS IS CRAFTED -- WE'RE
CONCERNED THAT THAT THE ABILITY
TO ACCESS THAT INFORMATION IS --
HIS HIS PERHAPS -- THREATENED --
WE HAVE HAD SOME CONVERSATIONS
THAT THE FOOD AND AND IF THERE
WAS AN EARLIER BILL WE TALKED
ABOUT THE SAME THING WERE
WRITTEN CONSENT.
IS PROBABLY NOT A STANDARD THAT
THAT IS APPROPRIATE IN THIS
INSTANCE AND AND THERE OUGHT TO
BE A IT OUGHT TO BE A BROADER
WAY TO DEAL WITH THAT IF IN FACT --
WE'RE GONNA MOVE FORWARD.
MOVE FORWARD LIKE THIS.
BUT AGAIN THIS IS A TECHNOLOGY
SPECIFIC BILL.
IT PROVIDES A THE REQUIREMENT OF
OF NOW WRITTEN CONSENT OR
AFFIRMATIVE OPT IN CONSENT ONLY --
TO ONLY TO WHAT WIRELESS
TELECOMMUNICATIONS PROVIDERS --
BUT BUT IT'S ANY KIND OF GEO
LOCATION -- IT'S NOT PRECISE
YOUR LOCATION NECESSARILY COULD
BE STATED COULD BE CITY IT COULD
BE STUFF THAT'S HARMLESS NOT --
CONNECT DOUBLE REASONABLY
LIKABLE TO PERSONAL INFORMATION --
AND SUCH THAT I THINK RULE
RAISES SOME CONCERNS ABOUT HOW
OF YOU KNOW WORKING WITH THE
PHILLY IT'S ABOUT.
TO THE BIG TAXATION ISSUES THE
PLACE A PRIMARY USE VERSUS YOU
KNOW WE HAVE AN ERROR CODE SO --
WHAT'S UP I KNOW MISS SAID MS
IRWIN AND WE DISAGREE ON THIS
POINT -- BUT THERE ARE MEN IN
THE ANALYSIS DOES POINT OUT --
THAT -- THAT THIS DOES NOT APPLY
TO OTHER BUSINESSES THAT MAKE
APPLICATIONS AVAILABLE ON A
PHONE TO CONSUMERS AND THEIR BY
COLLECT USE OR SHARE THE USER'S
GPS DATA.
SOMETIMES GPS DATA -- THAT'S FAR
MORE ACCURATE THAN THE THAN THAN
THE WIRELESS THE CELL SITE DATA --
WE DO GET CRITICIZED SOMETIMES
IN THE NINE ONE ONE ERR ARENA
FOR THE LOCATION NOT BEING
PRECISE ENOUGH -- YET IRONICALLY --
WE NOW ARE THE ONLY ONES TO BE
REQUIRED TO PROVIDE AFFIRMATIVE
OPT IN CONSENT NO MATTER WHAT
TYPE OF GEO LOCATION DATA THAT
SO WE ARE WE ARE CONCERNED ABOUT
THAT -- THE END OF WOULD LIKE TO
CONTINUE TO WORK ON THAT
ALTHOUGH I THINK THAT'S A
FUNDAMETAL DISAGREEMENT WE DO
HAVE WITH THE AUTHOR -- BUT WE
ARE JUST CONTINUING TO WORK ON
AND ELEMENTS OF THE BILL MANY OF
WHICH WERE POINTED OUT IN THE IN
THE VERY THOROUGH ANALYSIS -- TO
SEE IF WE CAN GET A LITTLE
CLOSER ON THIS BUT SO AND WE
WILL CONTINUE TO DO SO.
THANK YOU VERY MUCH ADDITIONAL
OPPOSITION.
SEEN ON OUR QUESTIONS COMMENTS
MISS POWER CAN GO AHEAD PLEASE.
SO I WANT TO THANK YOU MISTER
ONE FOR BRINGING THIS BELL AND
I'LL BE SUPPORTING IT BECAUSE I
THINK YOU ARE GOOD AUTHOR IN THE
SPACE AND I TRUST YOU TO WORK
THROUGH ALL THIS BECAUSE I CAN
IMAGINE THAT YOU DID NOT INTEND
FOR EMERGENCY SERVICES TO NOT BE.
ABLE TO GET TO CONSUMERS AND SO
I TRUST THAT IS THIS APPROACH IS
THE FLOOR A LOT OF THE ISSUES
THAT HAVE BEEN RAISED AUDITS.
THINGS LIKE THAT WILL BE
ADDRESSED AND I LOOK FORWARD TO
SEEING THE VERSION ON THE FLOOR
THAT WILL PROTECT THIS DATA.
AND ALSO.
ADDRESS SOME OF THESE CONCERNS
THANK YOU.
MR OBERNOLTE CUT.
I THANK YOU MISTER CHAIR.
I HAVE A LOT OF QUESTIONS IN THE
LAST COMMITTEE AND YOU WERE VERY
GOOD ABOUT REACHING OUT
ANSWERING THEM SO THANK YOU VERY
MUCH FOR THAT.
I HAD A QUESTION FOR THE
OPPOSITION AND IT MIGHT JUST BE
A LIMITATION OF MY UNDERSTANDING
OF FEDERAL LAW BUT THIS FEDERAL
LAW.
PERMIT CURRENTLY THE SALE OF NON
ANONYMIZED DATA OF THIS TYPE.
I I DON'T THINK I THINK THIS IS
ANONYMIZED DATA BUT BUT IT WAS
ALSO PROVIDED WITH CONSENT SO
THAT THE SITUATION THAT WE ARE --
THE I. DESCRIBED AND I'VE I
NEGLECTED TO SAY THAT THE
INFORMATION THAT WAS PROVIDED TO
THE AGGREGATOR WAS -- WITH THE
CONSENT. FOR THE ABILITY -- TO
TO PURSUE THE SERVICES THAT --
THAT WAS PROVIDED FOR OKAY SO
WAS THE DATA THAT WAS PROVIDED
TO THE AGGREGATOR WAS AT
ANONYMIZED OR NON ANONYMIZED
BILLY WAS ANONYMIZED OKAY BUT
BUT ALSO WITH WITH CONSENT.
OKAY SO
MY QUESTION IS IF THE DATA WAS
ANONYMIZED A MEANS TO SO SOME OF
THE PROBLEM CASES THAT HAVE BEEN --
WOULD THAT HAVE LED TO THIS BILL
ARE CASES WHERE -- PEOPLE HAD --
A BOUNTY HUNTER.
YOU KNOW IT ACQUIRED THE DATA
FOR EXAMPLE IS ONE SO HOW WOULD
THAT HOW WOULD ANONYMIZE DATA BE
OF ANY USE.
IN THEIR CATECHISM UNDERSTAND
HOW HOW IT COULD HAVE BEEN
ANONYMIZED IN YEAH AND STILL BIT
OF USE.
I BELIEVE THAT THERE WAS A
COMBINATION OF THE DATA AND THEN
THE USE OF APPS.
IN ADDITION TO SOME OF THE DATA
WHICH LED -- TO MORE SPECIFIC
ABILITY -- TO TO IDENTIFY THE
YOU KNOW WHATEVER THE SITUATION
WAS AND AGAIN.
WE CERTAINLY NEVER INTENDED THAT
THAT DATA BE PROVIDED TO A
BOUNTY HUNTER BUT I DON'T
BELIEVE IT WAS PERSONALLY
IDENTIFIABLE INFORMATION.
OKAY WELL I MEAN I JUST THINK
THAT THE THAT PARTICULAR
CIRCUMSTANCES AN ILLUSTRATION OF
WHY.
THIS TYPE OF DATA IS SO
SENSITIVE.
THERE IS IT SOMEONE CAN TAKE IT
AND USE IT IN WAYS THAT WE
DIDN'T IN TOWN MAYBE IN
COMBINATION WITH OTHER BITS OF
DATA ESPECIALLY WITH -- THE
POWER MACHINE LEARNING NOW AND
AND PUT TOGETHER THINGS THAT ARE
REALLY ASTONISHING SO -- THAT
AGREED AND IT'S AGAIN IT'S NOT
JUST LIMITED TO THIS.
SPECIFIC TECHNOLOGY WE WE
BELIEVE IT SHOULD NOT BE THE WHO
BUT THE WHAT -- THAT IS TREATED
SIMILARLY -- WITH RESPECT TO
STATE POLICY AND WE DON'T
DELETED RB WE DON'T THINK WE'RE
THERE YET.
THANK YOU.
THANK YOU VERY MUCH -- I EIGHT
CHAIRMAN IF I COULD I'D JUST
LIKE TO RESPOND BRIEFLY RESPOND
PLACE -- TO MEMBER -- KINDS THAT
COMMENT -- THIS THE AUTHOR DOES
HAVE DID TAKE CONSIDERATION OF
EXCEPTIONS OF WHAT WOULD NOT BE
INCLUDED IN THIS BILL AND ONE OF
THEM IS INFORMATION PROVIDED TO
EMERGENCY.
EMERGENCY SERVICE AGENCY
RESPONDING TO NINE ONE ONE
TELEPHONE CALL OR ANY OTHER CALL
COMMUNICATING EMINENT THREAT TO
LIFE OR PROPERTY IN ADDITION TO
INFORMATION PROVIDED TO A LAW
ENFORCEMENT AGENCY A RESPONSE TO
LAWFUL PROCESS.
SO SHE HAS MADE A TENSE -- TO
ADDRESS LEGITIMATE CONCERNS THAT
THE OPPOSITION IS REST.
THE VERY MUCH -- BEFORE I ASK
YOU TO CLOSE -- I I WANNA MAKE
THE FOLLOWING STATEMENT.
AS THE OLD ONE OF THE AUTHORS OF
A CCPA FROM LAST YEAR I I NEED --
TO BILL A MORE CAUTIOUS WHEN IT
COMES TO LEGISLATION THAT WOULD
POTENTIALLY IMPACTS THE CPA.
AND THIS PARTICULAR SITUATION
ARE WE DEALING WITH THAT YOUR
LOCATION WHICH IS A VERY
IMPORTANT -- COMPONENT OF OF OUR
PRIVACY AND DATA.
I'M SO.
I THINK THE INTENT I THINK YOUR
INTENT IS ESSENTIALLY ASKED FOR
IT OPT IN SO BUT THERE'S ALSO
THE YOU KNOW THE FEDERAL LAW.
ODDS THAT WE NEED TO TACKLE A SO
I'M.
SO I I'M GONNA TRY TO LAY OFF
TODAY ARE.
YOU KNOW I WANT TO GET A BETTER
UNDERSTANDING OF WHETHER OR NOT
YOUR BILL WILL -- HOW IT
INTERACTS WITH C. CPI ARE?
SO -- YOU KNOW THAT THAT WAY I
WOULD FEEL MORE COMFORTABLE I
NEED A LITTLE TIME SO. TO SO I'M
GONNA STAY OFF TODAY SO I I KNOW
THERE THE BILL'S BEEN MOVED AND
SECONDED SO -- SO -- I'M GONNA
ASK YOU TO CLOSE IT -- YEAH AND
AND WE UNDERSTAND CECE'S PA --
DOES OVERLAP WITH FEDERAL LAW
AND WOOD OVER LOVE -- OVERLAP
WITH THIS BILL AS IT DOES WITH
LAND MINES ALSO AND AND SO -- WE
THINK THAT WE'VE GONE THROUGH
THE DIFFERENCE IN OURS BUT I
CERTAINLY UNDERSTAND.
THAT -- WITH YOU BEING THE
AUTHOR OF CCPA THAT YOU WANT TO
BE A LITTLE BIT MORE CAUTIOUS
BUT AGAIN THIS IS BASED ON YOU
KNOW BECAUSE I THINK THINGS WERE
A LITTLE.
OF METAL THIS IS BASED ON A
SITUATION WHERE -- THE REAL TIME
INFORMATION WAS AVAILABLE -- TO
A TWO BOUNTY HUNTERS AND ANYBODY
ELSE THAT WANTED TO FOLLOW
SOMEBODY THIS IS IT AND WILL BE
REALLY SPECIFIC THIS IS -- CELL
PHONE TOWER TRIANGULATION THIS
IS NOT LOCATION DATA FROM THE
APPS.
AND THIS IS ALREADY AGAINST OF
FEDERAL LAW.
BUT THE FCC IS NOT ENFORCING IT
SO WE THOUGHT IT WAS VERY
IMPORTANT TO GET IT TO BE BUT
PART OF CPUC.
CODE TO MAKE SURE THAT SAID THAT
WE HAD FORCES AND THE REASON
THAT IT IT DOES NOT APPLY. TO
THE CABLE COMPANIES OR OTHER
CARRIERS BESIDE CELL PHONE
COMPANIES IS BECAUSE WE HAVE NOT
SEEN THIS.
BEHAVIOR FRANKLY FROM THEM THIS
IS THE SPECIFICALLY THE CELL
PHONE COMPANIES THAT WERE
SELLING THIS INFORMATION EVEN
THOUGH THEY HAD SAID THAT THEY
WERE NOT GOING.
TO SO WITH THAT I RESPECTFULLY
ASK FOR EITHER THANK YOU VERY
MUCH A ROLL CALL PLEASE
[inaudible]
CHAO.
KILEY.
BAR CAM I BAUER-KAHAN I BERMAN.
CALDERON.
CALDERON I GABRIEL [inaudible]
GALLAGHER -- WHEN I -- WHEN I?
OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH -- WICKS.
WICKS.
I THINK YOU HAVE SIX VOTES THE
BILLS OUT CONGRATS [inaudible]
HELLO.
OUR CAT LEAVES SAID OR ONE BILL
THAT'S MY BILLS I'M GOING TO
GIVE THE GAVEL OVER TO ABOUT
MISTER OBERNOLTE [inaudible]
THE ONLY [inaudible]
EXACTLY.
MISTER CHAIR YOU'RE PRESENTING
ON AB.
SIXTEEN SIXTY FIVE THANK.
THANK YOU.
THANK YOU VERY MUCH MR CHAIRMAN
MEMBERS -- LIKE TO START OFF BY
ACCEPTING THE AMENDMENTS ON
PIZZA.
SEVEN OF EIGHT OF THE ANALYSIS --
WHICH MORE CLOSELY ALIGNED.
THE BILL WITH THE CALIFORNIA
CONSUMER PRIVACY ACT -- OR CCPA.
ON THE C. CPA PROHIBITS ANY
BUSINESS FROM SELLING PERSONAL
INFORMATION OF MINOR SIXTEEN H.
O..
OR AN UNDER WITHOUT THE PRIOR
OFTEN CONSENT OF THE SAID -- FOR
THE SALE TO THE SALE OF THE
INFORMATION.
ARE AB SIXTY SIX IF I WOULD
REQUIRE SOCIAL MEDIA INTERNET
WEBSITES OR APPLICATIONS TO
OBTAIN PARENTAL CONSENT IN A
MANNER SEPARATE FROM THE GENERAL
TERMS AND CONDITIONS.
PRIOR TO SELLING MINORS PERSONAL
INFORMATION WITHOUT I
RESPECTFULLY ASK FOR I LET ME
TURN IT OVER TO MY WITNESS.
AT HOWARD -- SENIOR COUNSEL AT
THE CHILDREN'S ADVOCACY
INSTITUTE THE UNIVERSITY OF SAN
DIEGO SCHOOL OF LAW PLEASE.
TO A SPONSOR THIS BILL --
PARENTAL CONSENT -- IF YOU'RE
TRYING TO GET PARENTAL CONSENT
SHOULD RESPECTFULLY BE DIRECTED
AT THE PARENT.
AND RESPECTFULLY ASK PRIVATE.
RIGHT AND A ADDITIONAL WITNESSES
IN SUPPORT.
ANYWAY THIS IS IN OPPOSITION.
SEN I'M GUESSING YOU'RE GONNA BE
IN SUPPORT JUST GUESSING
[inaudible] SIX BACK.
SOME AT THE COURT ON BEHALF OF
COMMON SENSE KIDS ACTION IN
SUPPORT OF THE MEASURE WOULD
LIKE.
TO THANK THE AUTHOR FOR BRINGING
IT FORWARD THANK YOU.
RIGHT WITNESSES IN OPPOSITION.
MEMBERS THE PUBLIC IN OPPOSITION.
SEEING NONE BRING IT BACK TO
COMMITTEE ANY QUESTIONS.
I JUST HAD ONE QUESTION.
R GEL IN THAT IS THE YOU'VE GOT
A LONG HISTORY ON THIS ISSUE --
WHICH IS IS REALLY HELPFUL AS AN
AUTHOR -- I UNDERSTAND THE
CIRCUMSTANCES THAT LED UP TO THE
INTERSECTION OF THIS PARTICULAR
BILL -- I'M JUST WONDERING HOW
WOULD A WEBSITE KNOW IF SOMEONE
WAS A MINOR I MEAN IT'S REALLY
DIFFICULT WHEN.
HERE YOU KNOW YOU'VE GOT SOME
PHYSICAL DISTANCE BETWEEN YOU
AND THE CONSUMER IN THE
CONSUMERS REPRESENTING THAT
THEY'RE NOT A MINOR.
AND YES I MEAN I UNDERSTAND THAT
THERE'S IT LENDS ITSELF TO ABUSE
YOU CAN'T HAVE YOUR BLINDERS ON%
BUT ALSO YOU CAN'T ABSOLUTELY
KNOW WITH CERTAINTY THAT SOMEONE.
IS THE AGE THAT THEY'RE SAYING
THAT THEY ARE SO -- YOU HAVE
LANGUAGES AND PREVIOUS BILLS
THAT YOU RUN.
YOU KNOW WHERE YOU GOT MORE
CIRCUMSPECT ABOUT THE WAY YOU TO
FIND THAT AND AND PUT SOME
SPECIFICITY INTO.
WHAT RESPONSIBILITIES OR TRY
PROVIDERS HAVE YOU KNOW HAD --
BUT THIS BILL IS VERY STARK SO I
JUST WONDERED IF YOU COULD
COMMENT ON THAT.
ALL THANK YOU FOR YOUR QUESTION
THERE'S NEVER ANY GUARANTEE THAT
YOU KNOW A WEBSITE IS --
PARTICULARLY TAYLOR AN AWFUL FOR
FOR FOR FOR MINORS BIT BUT BUT I
THINK ESSENTIALLY YOU KNOW --
BASING IT ON STATISTICS I THINK
SO SO THAT'S WHAT THE ORIGINAL
OF BILL WAS SO BASED ON ALSO I
THINK WHEN WE PASS -- THE
STEINBERG BILL -- FEW YEARS AGO --
SO WE WERE BASICALLY TARGETING
WEBSITE SAID WE BELIEVE ARM THAT.
KIDS WOULD VISIT NUMBER ONE OR
SUIT THAT'S ALL BASED ON
STATISTICS.
AND AND ARE YOU KNOW SO.
SO YEAH I THINK THAT'S THE SHORT
ANSWER.
TO YOUR QUESTION ON SOUL -- SO
IT AT A YOU WANT TO ADD ANY MORE
TO IT.
THE ASSEMBLY THROUGH THE CHAIR.
YOUR TEACHER -- THE I THINK THE
ANSWER IS WHITE WHAT'S NOT IN
THE BILL ASSEMBLY MEMBER THE
BILL SPECIFIES THAT THERE NEEDS
TO BE AN EFFORT TO GET PARENTAL
CONSENT DIRECTED AT THE PARENTS.
IT DOES NOT SPECIFY A
CONSEQUENCE IF IN FACT IT
GENERALLY DOESN'T HAPPEN THAT
ABSOLUTE CONSISTENT WITH THE WAY
THAT WORKS IN THE REAL WORLD --
WITHIN THE LAST TIME THIS BILL
IS BEFORE THIS COMMITTEE WE HAD
A ROBUST CONVERSATION ABOUT HOW
PARENTAL CONSENT WORKS IN THE
REAL WORLD.
MOST CHILDREN DON'T WHY -- MY
DAUGHTER BROUGHT ME BACK TO
SCHOOL -- ALL THE WAY BACK FROM
THE CAPITOL IN ORDER FOR ME TO
SIGN A PARENTAL CONSENT FORM
THAT I HAD FORGOTTEN TO SIGN FOR
A FIELD TRIP.
I SUGGESTED THE POSSIBILITY TO
HER THAT PERHAPS SHE SEEN MY
SIGNATURE BEFORE -- SHE MAY BE
ABLE TO NOT NECESSARILY DRAW ME
BACK TO THE CAPITAL I WENT ALL
THE WAY BACK TO MARYLAND HIGH
SCHOOL TO SIGN IT.
SO IT THAT'S IT'S I THINK THE
ANSWER TO YOUR QUESTION
RESPECTFULLY SERVICE WHAT IS NOT
IN THE BILL.
ALL RIGHT.
THANK YOU ANY OTHER QUESTIONS
[inaudible]
THEIR MOTION [inaudible]
THEIR SECOND.
ALL RIGHT WE HAVE A MOTION AND A
SECOND THE MOTION IS.
QUESTIONS.
ALL RIGHT.
MOTION IS TO PASS AS AMENDED TO
THE ASSEMBLY FLOOR.
MADAM COURT PLEASE CALL THE ROLL.
SHALL I SHALL I KILEY BACKING HI
BURKE FAN HI BERMAN.
BERMAN HI CALDERON CALDERON HI
GABRIEL.
GALLAGHER [inaudible]
IRWIN -- WHEN I?
OBERNOLTE HI OBERNOLTE AYE SMITH.
SMITH I WEEKS.
MUCH EIGHT ZERO BILLS OUT
[inaudible]
YEAH [inaudible]
YEAH.
ALL RIGHT LET'S SAY A WE HAVE A
THOSE THAT WE NEED TO LIVE CALL.
IT HAS TO ADD ON SO LET'S NOT
START FROM THE TOP -- I'M GOING.
TO CALL OF THE ITEMS AND THEN --
TAKE IT FROM THERE SO LET'S
SERVICE LETS YOU ADD ONS RIGHT
NOW -- STARTING WITH ITEM ONE AB
FIVE TWENTY THREE OR NGUYEN
PLEASE CALL THE ABSENT MEMBERS
[inaudible]
KILEY [inaudible]
BERMAN.
BERMAN I GABRIEL.
GABRIEL I GALLAGHER.
ITEM NUMBER TWO THAT'S AB TEN
THIRTY FIVE MAYES PLEASE CALL
THE ABSENT MEMBERS.
KILEY [inaudible]
BERMAN.
BERMAN I GABRIEL.
GABRIEL I GALLAGHER.
ITEM NUMBER THREE A. B. ELEVEN
TWELVE FRIEDMAN PLEASE CALL THE
ABSENT MEMBERS CALDERON
[inaudible]
CALDERON AYE.
ITEM NUMBER.
FOUR HAS BEEN PULLED.
ITEM NUMBER FIVE AB THIRTEEN
NINETY FIVE CUNNINGHAM PLEASE
CALL THE ABSENT MEMBERS CALDERON
[inaudible]
AROUND I ITEM NUMBER SIX AB
FOURTEEN SIXTEEN COOLEY PLEASE
CALL THE ABSENT MEMBERS CALDERON.
CALDERON I WICKS.
IT'S NOT VOTER.
ITEM NUMBER SEVEN AB SIXTEEN
THIRTY EIGHT OBERNOLTE PLEASE
CALL THE ABSENT MEMBERS KILEY.
BERMAN.
BERMAN I GABRIEL.
GABRIEL I WOULD JUST IT ITEM.
EIGHT THAT'S CALL ITEM EIGHT
ANYWAYS WE THINK WE ARE BECAUSE
MR GABRIEL JUST CAME THAT'S
RIGHT ITEM NUMBER EIGHT A. B.
SIXTEEN SIXTY FIVE CHILD PLEASE
CALL THE ABSENT MEMBERS GABRIEL.
GABRIEL I GALLAGHER.
ITEM NUMBER NINE AB SIXTEEN
NINETY NINE LEVINE PLEASE CALL
THE ABSENT MEMBERS CALDERON.
CALDERON I IRWIN -- WHEN I ITEM
TEN AB SEVENTEEN NINETY WICKS
PLEASE CALL THE ABSENT MEMBERS
KILEY [inaudible]
BERMAN.
BERMAN HI GABRIEL GABRIEL I ON
PROPOSED CONSENT PLEASE CALL THE
ABSENT MEMBERS CALDERON.
CALDERON HI WICKS.
WICKS ON WELL LEAVE THE ROLE
PAID. FOR FIVE TWENTY THREE YES
[inaudible]
YES.
EIGHT IN ORDER [inaudible]
TO WE YEAH [inaudible]
OKAY
OKAY SO LET'S GO TO ITEM.
ONE MR GALLAGHER. ONE IS THAT --
FIVE TWO THREE FIVE TWENTY THREE
THE BILL WAS OUT.
SO ONE I GOT IT.
GALLAGHER NOT VOTING ON ITEM
[inaudible]
ONE ITEM -- TO MR MAYS
[inaudible]
TEN THIRTY FIVE MISTER GALLAGHER
[inaudible]
I HI GALLAGHER AYE ON ITEM TO
AND AND ITEM EIGHT A. B. SIXTEEN
SIXTY FIVE CHAO MISTER GALLAGHER
[inaudible]
I I GALLAGHER HI ON ITEM EIGHT
AND I'M GONNA GO AND I'M GONNA
GO I AND NUMBER.
ONE TWO YOU'RE GONNA GO AYE ON
SO GALLAGHER -- FROM NOT VOTING.
TO YES OKAY.
SET TO GET EVERY [inaudible]
MEETING ADJOURNED