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AB-2735 Internet service providers: recordkeeping.(2007-2008)

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CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2735

Introduced  by  Assembly Member Smyth

February 22, 2008

An act to add Chapter 32.5 (commencing with Section 22947.8) to Division 8 of the Business and Professions Code, relating to the Internet.


LEGISLATIVE COUNSEL'S DIGEST


AB 2735, as introduced, Smyth. Internet service providers: recordkeeping.
Existing law provides for the regulation of various businesses by the Department of Consumer Affairs. No existing law provides for the regulation of Internet service providers.
This bill would require an Internet service provider, as defined, domiciled or engaged in or transacting business in California to keep records for 2 years following allocation of an IP address under its control, as specified, and to make those records reasonably available, upon request, to federal or state law enforcement or the Attorney General. The bill would prohibit an Internet service provider from allocating an IP address within its control to an Internet user located outside of the United States. A violation of these requirements and prohibitions would be punishable by an unspecified civil fine.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 32.5 (commencing with Section 22947.8) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  32.5. Internet Service Providers

22947.8.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Allocate” means to distribute, delegate, lease, sublease, grant a license, give or any other means by which an Internet service provider allows another person to use an IP address.
(2) “Equipment owner” means any person who provides equipment for use in hosting or publishing content over the Internet.
(3) “Internet service provider” means any person who provides Internet access, allocates IP addresses, provides an Internet location to one or more content publishers, or provides equipment for use in hosting or publishing content over the Internet.
(4) “Internet user” means any person who receives or transmits any communication over the Internet.
(5) “IP address” means a number that uniquely identifies a device connected to a computer network that is Internet Protocol based.
(6) “Private and nonroutable IP address” means the IP address ranges reserved by the Internet Assigned Numbers Authority (IANA) for private internets in the following three blocks of the IP address space:
10.0.0.0-10.255.255.255 (10/8 prefix).
172.16.0.0-172.31.255.255 (172.16/12 prefix).
192.168.0.0-192.168.255.255 (192.168/16 prefix).
(b) An Internet service provider domiciled or engaged in transacting business in California shall meet all of the following requirements:
(1) Keep records for two years following allocation of an IP address under its control, excluding private and nonroutable IP addresses, sufficient to reasonably identify all of the following:
(A) Each IP address allocated by or to the provider.
(B) The date and time when each IP address was allocated.
(C) The Internet user who obtained the IP address.
(2) Make reasonably available, upon official request, a record described in paragraph (1) to federal or state law enforcement or to the Attorney General.
(c) An Internet service provider domiciled in California shall not allocate an IP address within its control to an Internet user located outside of the United States.
(d) A person who violates this section shall be subject to a civil fine of ____ dollars ($____).