Existing law provides that a person is liable for constructive invasion of privacy when he or she attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of another person engaging in a personal or familial activity under circumstances in which that other person had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used.

This bill would require a social networking Internet Web site to provide a specified disclosure to a user, as defined, of the site stating that an image which is uploaded onto the social networking Internet Web site is capable of being copied by persons who view the image without the consent of the user who initially uploads the image, or copied in violation of the privacy policy, terms of use, or other policy of the site.