California 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 2 R · 2 D cosponsors

AB 1395 — Information privacy: other connected device with a voice recognition feature.

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

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person or entity from providing the operation of a voice recognition feature of a connected television within the state without prominently informing the specified user of the connected television during the initial setup or installation. Existing law prohibits any actual recordings of spoken word collected for a specified purpose through the operation of a voice recognition feature by the manufacturer of a connected television, or a contracting third party, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law limits the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically excludes liability for functionality provided by applications the user chooses to use in the cloud or that are downloaded and installed by a user. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney. Existing law defines terms for these purposes. This bill would include smart speaker devices, as defined, in those provisions, thereby prohibiting, among other things, a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. The bill would prohibit any actual recordings or transcriptions collected or retained through the operation of a voice recognition feature by the manufacturer of a connected television or smart speaker device, that qualify as personal information or that are not deidentified, from being used for any advertising purpose, or being shared with, or sold to, a third party, unless the user has provided affirmative written consent, as defined. The bill would also prohibit them from being retained by the manufacturer, as specified, unless the user opts in to having that recording retained by the manufacturer either during installation or at a later time in the device settings. The bill would revise existing definitions and define additional terms for its purposes.

Bill Text

Action History

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

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  4. Referred to Com. on JUD.

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

  6. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 6. Page 2043.)

  7. Read third time and amended. Ordered to third reading. (Page 1778.)

  8. Read second time. Ordered to third reading.

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

  10. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 30).

  11. Re-referred to Com. on P. & C.P.

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

  13. Referred to Com. on P. & C.P.

  14. Read first time.

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

  16. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No

Sponsors (1)

  • Cunningham

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 1395 Cunningham Assembly Third Reading

Passed 44 Yea · 6 Nay · 30 Other
Party YeaNayPresentNot Voting
Unaffiliated 304018
Republican 4002
Democratic 102010
Total 446030
% of votes cast 55%8%0%38%
How each member voted (80)
Member Party Vote
Salas — Yea
Fong — Yea
Mayes — Yea
Bigelow — Yea
Cunningham — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Voepel — Yea
Holden — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Friedman — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Obernolte — Nay
Medina — Nay
Smith — Nay
Low — Nay
Brough — Not Voting
Kiley — Not Voting
Mathis — Not Voting
Frazier — Not Voting
Cooley — Not Voting
Diep — Not Voting
Rodriguez — Not Voting
Chiu — Not Voting
Gray — Not Voting
Daly — Not Voting
Mullin — Not Voting
Ting — Not Voting
Cooper — Not Voting
Melendez — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Not Voting
Luz Rivas — Not Voting
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5001
Republican 1000
Unaffiliated 3001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Kiley — Yea
Smith — Yea
Chau — Yea
Obernolte — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Not Voting
Wicks, Buffy Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does AB 1395 do?
Existing law prohibits a person or entity from providing the operation of a voice recognition feature of a connected television within the state without prominently informing the specified user of the connected television during the initial setup or installation. Existing law prohibits any actual recordings of spoken word collected for a specified purpose through the operation of a voice recognition feature by the manufacturer of a connected television, or a contracting third party, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law limits the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically excludes liability for functionality provided by applications the user chooses to use in the cloud or that are downloaded and installed by a user. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney. Existing law defines terms for these purposes. This bill would include smart speaker devices, as defined, in those provisions, thereby prohibiting, among other things, a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. The bill would prohibit any actual recordings or transcriptions collected or retained through the operation of a voice recognition feature by the manufacturer of a connected television or smart speaker device, that qualify as personal information or that are not deidentified, from being used for any advertising purpose, or being shared with, or sold to, a third party, unless the user has provided affirmative written consent, as defined. The bill would also prohibit them from being retained by the manufacturer, as specified, unless the user opts in to having that recording retained by the manufacturer either during installation or at a later time in the device settings. The bill would revise existing definitions and define additional terms for its purposes.
Who sponsors AB 1395?
AB 1395 is sponsored by Cunningham, Gallagher, James (Republican), Lackey, Tom (Republican), Limón, Monique (Democratic), Mayes, and Wicks, Buffy (Democratic).
What is the current status of AB 1395?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 1395?
Track AB 1395 free on One Click Politics — get push/email alerts when it moves.

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