SB 342 is sponsored by Hertzberg.

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California 2019-2020 Regular Session Status: Enacted

SB 342 — Misleading advertising: domain and subdomain names.

Last action September 25, 2020 — Chaptered by Secretary of State. Chapter 162, Statutes of 2020.

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✓
Introduced
✓
In Committee
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Passed Senate
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Passed Assembly
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 19, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

1 primary, 0 co-sponsors signed on.
Cleared a recorded vote

Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law makes it unlawful to, with bad faith intent, traffic in or use a domain name that is identical or confusingly similar to the personal name of another living person or deceased personality without regard to the goods or services of the parties, except if the name is connected to a work of authorship. Existing law authorizes a court to consider specified factors in making a finding regarding bad faith intent, including that it was the intent of the person using the name to divert consumers from the person's or deceased personality's online location to a site that could harm the goodwill of that person or to tarnish or disparage that person. This bill would, instead, make it unlawful for a person, with bad faith intent, to register, traffic in, or use a domain name or subdomain name that is identical or confusingly similar to either the personal name of another living person or deceased personality without regard to goods or services or the name of a specified entity for the purpose of selling or reselling goods, as defined. The bill would provide that confusingly similar includes a misspelling of the domain or subdomain name. The bill would provide that this prohibition does not apply if the name is used with the consent of that specified entity or an authorized representative of that entity, and would create a presumption affecting the burden of proof that a person acted with bad faith intent if the entity or authorized representative did not consent to the registration, trafficking, or use of the domain or subdomain name. The bill would authorize a court to consider as a factor in making a finding regarding bad faith intent that a person intended to divert consumers from the online location of a specified entity to a site accessible under the domain name that could harm the goodwill represented by that entity's name either for commercial gain or with the intent to tarnish or disparage the entity by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. The bill would create a private right of action for violation of these provisions and would provide that a remedy obtained for a violation of these provisions is cumulative with other available remedies.

Bill Text

Chaptered 09/25/20 - Chaptered Current pdf September 25, 2020
Enrolled 08/28/20 - Enrolled pdf August 28, 2020
Amended 01/13/20 - Amended Assembly pdf January 13, 2020
Amended 07/11/19 - Amended Assembly pdf July 11, 2019
Amended 05/17/19 - Amended Senate pdf May 17, 2019
Amended 05/06/19 - Amended Senate pdf May 06, 2019
Amended 03/27/19 - Amended Senate pdf March 27, 2019
Introduced 02/19/19 - Introduced pdf February 19, 2019
SB342 View text html

Action History

September 25, 2020
Chaptered by Secretary of State. Chapter 162, Statutes of 2020.
September 25, 2020
Approved by the Governor.
September 01, 2020
Enrolled and presented to the Governor at 1 p.m.
August 27, 2020
Assembly amendments concurred in. (Ayes 30. Noes 0. Page 4349.) Ordered to engrossing and enrolling.
August 25, 2020
In Senate. Concurrence in Assembly amendments pending.
August 25, 2020
Read third time. Passed. (Ayes 71. Noes 0. Page 5200.) Ordered to the Senate.
August 24, 2020
Read second time. Ordered to third reading.
August 20, 2020
From committee: Do pass. (Ayes 17. Noes 0.) (August 20).
January 13, 2020
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
August 30, 2019
August 30 hearing postponed by committee.
August 21, 2019
August 21 set for first hearing. Placed on APPR. suspense file.
August 19, 2019
Joint Rule 62(a) suspended.
August 19, 2019
Re-referred to Com. on APPR. pursuant to Assembly Rule 97.
August 12, 2019
Read second time. Ordered to third reading.
July 11, 2019
Read second time and amended. Ordered to second reading.
July 10, 2019
From committee: Do pass as amended. (Ayes 11. Noes 0.) (July 9).
July 01, 2019
July 2 hearing postponed by committee.
June 26, 2019
From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on JUD.
June 10, 2019
Referred to Coms. on P. & C.P. and JUD.
May 22, 2019
In Assembly. Read first time. Held at Desk.
May 21, 2019
Read third time. Passed. (Ayes 38. Noes 0. Page 1201.) Ordered to the Assembly.
May 20, 2019
Read second time. Ordered to third reading.
May 17, 2019
Read second time and amended. Ordered to second reading.
May 17, 2019
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1097.) (May 16).
May 14, 2019
Set for hearing May 16.
May 13, 2019
May 13 hearing: Placed on APPR. suspense file.
May 08, 2019
Set for hearing May 13.
May 06, 2019
Read second time and amended. Re-referred to Com. on APPR.
May 02, 2019
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 906.) (April 30).
April 05, 2019
Set for hearing April 30.
April 03, 2019
Re-referred to Coms. on JUD. and APPR.
March 27, 2019
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
February 28, 2019
Referred to Com. on RLS.
February 20, 2019
From printer. May be acted upon on or after March 22.
February 19, 2019
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Hertzberg

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

Unfinished Business SB342 Hertzberg Concurrence

August 27, 2020

Passed 30 Yea · 0 Nay · 10 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	20	0	0	7
Democratic	10	0	0	0
Republican	0	0	0	3
Total	30	0	0	10
% of votes cast	75%	0%	0%	25%

How each member voted (40)

Member	Party	Vote
Allen	—	Yea
Beall	—	Yea
Rubio	—	Yea
Atkins	—	Yea
Glazer	—	Yea
Pan	—	Yea
Wieckowski	—	Yea
Roth	—	Yea
Monning	—	Yea
Dodd	—	Yea
Galgiani	—	Yea
Hueso	—	Yea
Skinner	—	Yea
Portantino	—	Yea
Hill	—	Yea
Bradford	—	Yea
Leyva	—	Yea
Hertzberg	—	Yea
Nielsen	—	Yea
Mitchell	—	Yea
Borgeas	—	Not Voting
Melendez	—	Not Voting
Wilk	—	Not Voting
Bates	—	Not Voting
Moorlach	—	Not Voting
Chang	—	Not Voting
Morrell	—	Not Voting
Archuleta, Bob	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Durazo, Maria Elena	Democratic	Yea
Gonzalez, Lena A.	Democratic	Yea
Hurtado, Melissa	Democratic	Yea
Jackson, Corey A.	Democratic	Yea
McGuire, Mike	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Umberg, Thomas J.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea
Dahle, Megan	Republican	Not Voting
Grove, Shannon	Republican	Not Voting
Jones, Brian W.	Republican	Not Voting

Official roll call →

SB 342 Hertzberg Senate Third Reading By Mark Stone

August 25, 2020

Passed 71 Yea · 0 Nay · 8 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	45	0	0	6
Democratic	21	0	0	1
Republican	5	0	0	1
Total	71	0	0	8
% of votes cast	90%	0%	0%	10%

How each member voted (79)

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

Official roll call →

Do pass.

August 20, 2020

Passed 17 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Democratic	6	0	0	0
Unaffiliated	10	0	0	1
Republican	1	0	0	0
Total	17	0	0	1
% of votes cast	94%	0%	0%	6%

How each member voted (18)

Member	Party	Vote
Voepel	—	Yea
Bigelow	—	Yea
Quirk	—	Yea
Gonzalez	—	Yea
Diep	—	Yea
Bloom	—	Yea
Chau	—	Yea
Eggman	—	Yea
Fong	—	Not Voting
Eduardo Garcia	—	Yea
Wendy Carrillo	—	Yea
Bauer-Kahan, Rebecca	Democratic	Yea
Bonta, Mia	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Gabriel, Jesse	Democratic	Yea
Petrie-Norris, Cottie	Democratic	Yea
Rivas, Robert	Democratic	Yea
Dahle, Megan	Republican	Yea

Official roll call →

Do pass as amended.

July 09, 2019

Passed 11 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	7	0	0	1
Democratic	3	0	0	0
Republican	1	0	0	0
Total	11	0	0	1
% of votes cast	92%	0%	0%	8%

How each member voted (12)

Member	Party	Vote
Obernolte	—	Yea
Chiu	—	Yea
Maienschein	—	Yea
Holden	—	Yea
Gonzalez	—	Yea
Chau	—	Yea
Kiley	—	Not Voting
Mark Stone	—	Yea
Kalra, Ash	Democratic	Yea
Petrie-Norris, Cottie	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Gallagher, James	Republican	Yea

Official roll call →

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

June 25, 2019

Passed 11 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Democratic	6	0	0	0
Republican	1	0	0	0
Unaffiliated	4	0	0	0
Total	11	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (11)

Member	Party	Vote
Kiley	—	Yea
Obernolte	—	Yea
Smith	—	Yea
Chau	—	Yea
Bauer-Kahan, Rebecca	Democratic	Yea
Berman, Marc	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Gabriel, Jesse	Democratic	Yea
Irwin, Jacqui	Democratic	Yea
Wicks, Buffy	Democratic	Yea
Gallagher, James	Republican	Yea

Official roll call →

3rd Reading

May 21, 2019

Passed 38 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	27	0	0	0
Democratic	9	0	0	0
Republican	2	0	0	0
Total	38	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (38)

Member	Party	Vote
Rubio	—	Yea
Monning	—	Yea
Wieckowski	—	Yea
Mitchell	—	Yea
Bradford	—	Yea
Wilk	—	Yea
Beall	—	Yea
Atkins	—	Yea
Hill	—	Yea
Roth	—	Yea
Morrell	—	Yea
Hueso	—	Yea
Leyva	—	Yea
Dodd	—	Yea
Moorlach	—	Yea
Skinner	—	Yea
Allen	—	Yea
Borgeas	—	Yea
Galgiani	—	Yea
Hertzberg	—	Yea
Portantino	—	Yea
Bates	—	Yea
Glazer	—	Yea
Nielsen	—	Yea
Chang	—	Yea
Pan	—	Yea
Mark Stone	—	Yea
Archuleta, Bob	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Durazo, Maria Elena	Democratic	Yea
Hurtado, Melissa	Democratic	Yea
Jackson, Corey A.	Democratic	Yea
McGuire, Mike	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Umberg, Thomas J.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea
Grove, Shannon	Republican	Yea
Jones, Brian W.	Republican	Yea

Official roll call →

Do pass as amended

May 16, 2019

Passed 6 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Republican	1	0	0	0
Unaffiliated	5	0	0	0
Total	6	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (6)

Member	Party	Vote
Wieckowski	—	Yea
Portantino	—	Yea
Bates	—	Yea
Hill	—	Yea
Bradford	—	Yea
Jones, Brian W.	Republican	Yea

Official roll call →

Placed on suspense file

May 13, 2019

Passed 6 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Republican	1	0	0	0
Unaffiliated	5	0	0	0
Total	6	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (6)

Member	Party	Vote
Wieckowski	—	Yea
Portantino	—	Yea
Bates	—	Yea
Hill	—	Yea
Bradford	—	Yea
Jones, Brian W.	Republican	Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

April 30, 2019

Passed 9 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Republican	1	0	0	0
Democratic	4	0	0	0
Unaffiliated	4	0	0	0
Total	9	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (9)

Member	Party	Vote
Allen	—	Yea
Monning	—	Yea
Borgeas	—	Yea
Wieckowski	—	Yea
Caballero, Anna M.	Democratic	Yea
Jackson, Corey A.	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Umberg, Thomas J.	Democratic	Yea
Jones, Brian W.	Republican	Yea

Official roll call →

Subjects

technology

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Frequently asked questions

What does SB 342 do?: Existing law makes it unlawful to, with bad faith intent, traffic in or use a domain name that is identical or confusingly similar to the personal name of another living person or deceased personality without regard to the goods or services of the parties, except if the name is connected to a work of authorship. Existing law authorizes a court to consider specified factors in making a finding regarding bad faith intent, including that it was the intent of the person using the name to divert consumers from the person's or deceased personality's online location to a site that could harm the goodwill of that person or to tarnish or disparage that person. This bill would, instead, make it unlawful for a person, with bad faith intent, to register, traffic in, or use a domain name or subdomain name that is identical or confusingly similar to either the personal name of another living person or deceased personality without regard to goods or services or the name of a specified entity for the purpose of selling or reselling goods, as defined. The bill would provide that confusingly similar includes a misspelling of the domain or subdomain name. The bill would provide that this prohibition does not apply if the name is used with the consent of that specified entity or an authorized representative of that entity, and would create a presumption affecting the burden of proof that a person acted with bad faith intent if the entity or authorized representative did not consent to the registration, trafficking, or use of the domain or subdomain name. The bill would authorize a court to consider as a factor in making a finding regarding bad faith intent that a person intended to divert consumers from the online location of a specified entity to a site accessible under the domain name that could harm the goodwill represented by that entity's name either for commercial gain or with the intent to tarnish or disparage the entity by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. The bill would create a private right of action for violation of these provisions and would provide that a remedy obtained for a violation of these provisions is cumulative with other available remedies.
Who sponsors SB 342?: SB 342 is sponsored by Hertzberg.
What is the current status of SB 342?: This bill has been enacted into law. Introduced February 19, 2019. Enacted.
Where can I track SB 342?: Track SB 342 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: SB 342
Jurisdiction: California
Session: 2019-2020 Regular Session
Type: Bill
Introduced: February 19, 2019
Status: Enacted
Prime sponsor: Hertzberg

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