(April 8, 2009) California legislation proposing technically infeasible restrictions on photo postings to social networking Internet websites passed in Assembly Arts, Entertainment, Sports, Tourism and Internet Media last week on a party-line vote of 5-3.

As introduced, California Chamber of Commerce-opposed AB 632 (Davis; D-Los Angeles) prohibits copying images of a person from a personal networking site to a public site and requires the social networking site to implement a mechanism for removal requests.

The CalChamber believes users of Internet-based social networking sites understand the limitations and inherent risks of posting personal information and personal pictures onto the web.

Companies offering these sites have privacy policies that spell out what privacy measures are in place and the limitations of the providers. It is mandatory reading before setting up an account. Adding additional prompts with the same reminders will not change users’ behavior.

Although Internet technology is constantly evolving, there are still limitations. It is not possible to protect pictures from being copied and moved elsewhere without compromising the whole network.

TechAmerica, a leading voice for the U.S. technology industry, also has pointed out that “the very nature of something called the ‘World Wide Web’ is that it is open to the entire world.”

Key Votes

AB 632 passed the Assembly Arts, Entertainment, Sports, Tourism and Internet Media Committee this last on a party-line vote of 5-3.

Ayes: Davis (D-Los Angeles), Blumenfield (D-Woodland Hills), De Leon (D-Los Angeles), Krekorian (D-Burbank), Price (D-Inglewood).

Noes: Silva (R-Huntington Beach), Gaines (R-Roseville) , Audra Strickland (R-Moorpark).

Absent/Abstaining/Not Voting: Charles Calderon (D-Montebello).

Action Needed

AB 632 will be considered next by the Assembly Judiciary Committee. Contact committee members and urge them to oppose AB 632.

Staff Contact: Valerie Nera