Calif. Senate on 32-0 Vote Clears Bill Amending Old Wiretapping Law
On a unanimous vote, the California Senate supported legislation that amends the California Invasion of Privacy Act (CIPA) on Tuesday, moving it one step closer to potential passage. SB-690, sponsored by Sen. Anna Caballero (D), would eliminate wiretapping, pen register and trap-and-trace liabilities from online tracking technologies used for business under CIPA.
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"Suing under CIPA for activity that's already governed by the [California Consumer Privacy Act (CCPA)] goes against the legislative intent of setting up [the] CCPA," Caballero said. "It creates confusion, punishes compliance, and it doesn't make Californians any safer online."
Though some issues with the bill remain, Sen. Josh Becker (D) said he supports the measure's intent. "This really is about trying to crack down on those frivolous lawsuits," he said.
Sen. Jerry McNerney (D) agreed. "California has grown strong because of a secret sauce; it has to attract businesses, and we want to make sure that we don't lose that," he said. "But on the other hand, there [were] some concerns about privacy rights" with the bill. "I understand that the author is working through this, and I appreciate that, and so I'm going to support this so that we can move it forward and have a chance to make sure that it does everything that we need to do."
If the bill ultimately passes, several privacy lawyers predict that it could limit the amount of litigation brought under the old statute, though they acknowledge plaintiffs' lawyers may simply alter the allegations in any lawsuits to say companies still don't comply with CIPA, even as amended (see 2505280028).