Connected Televisions - - CA Business And Professions

Section § 22948.20

This law says that companies must tell you about voice recognition features during the setup of smart TVs. Recordings from these features can't be sold or used for ads, whether collected by the TV maker or a third party. Companies also can't be forced to build features for spying. Makers are only responsible for the TV's original features, not for apps you download. Certain services, protected under a different law, are not affected by these rules.

(a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television.

(b) Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(c) Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(d) A person or entity shall not compel 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.

(e) A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television and shall not be liable for functionality provided by applications that the user chooses to use in the cloud or are downloaded and installed by a user.

(f) This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

Section § 22948.21

This part of the law explains the meanings of key terms related to connected TVs. A 'connected television' is a home video device with a screen larger than 12 inches, excluding PCs, portable devices, or add-on devices like set-top boxes. A 'user' is someone who buys or leases a connected TV, but not individuals accidentally recorded by voice features. 'Voice recognition feature' refers to the TV's ability to manage spoken words or sounds, but excludes unrecorded voice commands.

For purposes of this chapter, the following definitions shall apply:

(a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder.

(b) “User” means a person who originally purchases, leases, or takes ownership of a connected television. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.

(c) “Voice recognition feature” means the function of a connected television that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

Section § 22948.22

This law states that you can't give up your rights under this chapter, and any attempt to do so is invalid and won't be recognized.

Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

Section § 22948.23

This law section clarifies that only the California Attorney General or district attorneys can bring a civil lawsuit for violations covered by this chapter, and private citizens can't initiate these actions themselves. It allows courts to stop anyone who violates or intends to violate the law. If someone knowingly breaks the law concerning connected televisions, they could face fines up to $2,500 for each violation. Money from these penalties goes to different places depending on who brought the case: the state General Fund if the Attorney General is involved, or the county treasury if a district attorney is responsible.

(a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.

(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.

(c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

Section § 22948.24

This law section says that the consequences or actions you can take under this chapter add up with those from other California laws. In other words, if you're penalized or have legal remedies here, you can also face additional penalties or seek more remedies from other laws.

The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

Section § 22948.25

This law says that if a part of this chapter is found to be invalid or unenforceable, the rest of the chapter stays in effect. In other words, a problem with one part doesn't affect the rest of the law that still works on its own.

The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)