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AB-3169 Internet: social media or search engine service: censorship.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
AB3169:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3169


Introduced by Assembly Member Gallagher

February 16, 2018


An act to add Title 15 (commencing with Section 3090) to Part 4 of Division 3 of the Civil Code, relating to the Internet.


LEGISLATIVE COUNSEL'S DIGEST


AB 3169, as introduced, Gallagher. Internet: social media or search engine service: censorship.
Existing law prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media.
This bill would prohibit a person who operates a social media Internet Web site located in California from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. The bill would also prohibit any person who operates an Internet search engine located in California from removing or manipulating content from the search results generated by that service on the basis of the political affiliation or political viewpoint of that content.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Title 15 (commencing with Section 3090) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 15. Internet Censorship

3090.
 (a) Any person who operates a social media Internet Web site located in California shall not remove or manipulate content from that Internet Web site on the basis of the political affiliation or political viewpoint of that content.
(b) Any person who operates an Internet search engine located in California shall not remove or manipulate content from the search results generated by that service on the basis of the political affiliation or political viewpoint of the content.
(c) As used in this section:
(1) “Internet search engine” means an Internet Web site that provides the user a method, either via a query search or any other means, to search the Internet.
(2) “Located in California” means either the person operating the services described in subdivisions (a) and (b) above maintains a business in California, or the user of that service is located in California.
(3) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.