BILL NUMBER: SB 102	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        JANUARY 11, 2011

   An act to add Section 2892.4 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 102, as introduced, Correa. Telecommunications: customer
privacy.
   Existing law prescribes the circumstances under which telephone
corporations, as defined, may release information regarding
residential subscribers without their written consent.
   This bill would require a commercial seller of mobile telephony
service communications devices (commonly known as "cell phones") that
incorporate geotagging, as defined, capability to disclose this
capability to a potential purchaser prior to completing a sale of the
device. The bill would prohibit the commercial seller from selling a
mobile telephony service communications device to a purchaser with
the geotagging capability activated or operational without first
obtaining the purchaser's consent, in writing, acknowledging that the
purchaser has been informed of the existence of the geotagging
capability and consents to this capability being activated or
operational.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2892.4 is added to the Public Utilities Code,
to read:
   2892.4.  (a) For purposes of this section, "geotagging" means the
affixing or embedding of locational information, including Global
Positioning System (GPS) coordinates, to different types of media,
including photographs and videos, transmitted to, or over, the
Internet.
   (b) Every commercial seller of mobile telephony service
communications devices that incorporate geotagging capability shall
disclose this capability to a potential purchaser prior to completing
the sale of the device to the potential purchaser.
   (c) A commercial seller shall not sell a mobile telephony service
communications device to a purchaser with the geotagging capability
activated or operational without first obtaining the purchaser's
consent, in writing, acknowledging that the purchaser has been
informed of the existence of the geotagging capability and consents
to this capability being activated or operational.