California 2009-2010 Regular Session Status: To Executive

AB 632 — Internet-based social networking: privacy.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that a person is liable for constructive invasion of privacy when he or she attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of another person engaging in a personal or familial activity under circumstances in which that other person had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. This bill would require a social networking Internet Web site to provide a specified disclosure to a user, as defined, of the site stating that an image which is uploaded onto the social networking Internet Web site is capable of being copied by persons who view the image without the consent of the user who initially uploads the image, or copied in violation of the privacy policy, terms of use, or other policy of the site.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 4:15 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 27. Page 2822.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 25. Noes 13. Page 1965.)

  8. Read second time. To third reading.

  9. From committee: Do pass. (Ayes 4. Noes 1.) (July 7).

  10. In committee: Hearing postponed by committee.

  11. In committee: Hearing postponed by committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on JUD.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 46. Noes 28. Page 1633.)

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 7. Noes 3.) (May 5).

  20. Re-referred to Com. on JUD.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  22. In committee: Hearing postponed by committee.

  23. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 3.) (March 31).

  24. Referred to Coms. on A.,E.,S.,T., & I.M. and JUD.

  25. From printer. May be heard in committee March 28.

  26. Read first time. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Davis

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 632 DAVIS Concurrence in Senate Amendments

Passed 58 Yea · 30 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 542803
Democratic 3000
Republican 1200
Total 583003
% of votes cast 64%33%0%3%
How each member voted (91)
Member Party Vote
Evans — Yea
Fuentes — Yea
Furutani — Yea
Carter — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Cook — Nay
Bill — Nay
Tom — Nay
Mendoza — Yea
Nava — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Coto — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Villines — Yea
Fletcher — Nay
Audra — Nay
Portantino — Not Voting
Conway — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Knight — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Jeffries — Nay
Lieu — Yea
Logue — Nay
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Not Voting
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB632 Davis By Leno

Passed 26 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 251201
Democratic 1001
Republican 0100
Total 261302
% of votes cast 63%32%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Not Voting
Cogdill — Nay
Harman — Yea
Huff — Nay
Runner — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Corbett — Yea
Correa — Nay
Cox — Nay
Oropeza — Yea
Price — Yea
Romero — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Ducheny — Yea
Dutton — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Hollingsworth — Nay
Kehoe — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wright — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Corbett — Yea
Harman — Yea
Leno — Yea
Walters — Nay
Florez — Yea

Official roll call →

AB 632 DAVIS Assembly Third Reading

Passed 53 Yea · 31 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 472908
Democratic 5000
Republican 1200
Total 533108
% of votes cast 58%34%0%9%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuller — Nay
Galgiani — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Mendoza — Yea
Gaines — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Coto — Yea
Duvall — Nay
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Audra — Nay
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Saldana — Not Voting
Fuentes — Not Voting
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Blumenfield — Not Voting
Huber — Nay
Knight — Nay
Nestande — Nay
Silva — Nay
Smyth — Not Voting
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Miller — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Republican 1000
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Krekorian — Yea
Knight — Nay
Nielsen — Nay
Tran — Nay
Brownley — Yea
Lieu — Yea
Monning — Yea
Skinner — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Judiciary.

Passed 6 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6301
Republican 0100
Democratic 0001
Total 6402
% of votes cast 50%33%0%17%
How each member voted (12)
Member Party Vote
De — Yea
Leon — Yea
Gaines — Nay
Audra — Nay
Charles — Not Voting
Krekorian — Yea
Price — Yea
Silva — Nay
Blumenfield — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does AB 632 do?
Existing law provides that a person is liable for constructive invasion of privacy when he or she attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of another person engaging in a personal or familial activity under circumstances in which that other person had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. This bill would require a social networking Internet Web site to provide a specified disclosure to a user, as defined, of the site stating that an image which is uploaded onto the social networking Internet Web site is capable of being copied by persons who view the image without the consent of the user who initially uploads the image, or copied in violation of the privacy policy, terms of use, or other policy of the site.
Who sponsors AB 632?
AB 632 is sponsored by Davis.
What is the current status of AB 632?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 632?
Track AB 632 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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