PORTANTINO I'M HERE PORTANTINO
HERE FAITH.
BATES HERE BELL.
BRADFORD HILL HERE HILL HERE
NIELSEN.
NIELSEN HERE WIENER.
WE HAVE A QUORUM.
I HAVE A THIRTY ONE ON MY PHONE.
SO I THINK WE WILL START TO MAKE
CHAT WITH YOU COULD COME ON UP
AND WE HAVE ONE ORDER OF
BUSINESS TODAY --
AB.
THREE SEVENTY FIVE YOU CAN
PRESENT AB.
THREE SEVENTY FIVE THANK YOU
VERY MUCH OF MISTER CHAIR AND US
SENATORS EIGHTY THREE SEVENTY
FIVE THE CALIFORNIA CONSUMER
PRIVACY AYE IS A SIMPLE BILL.
IT IS BASED ON THE PRINCIPLE
THAT PEOPLE SHOULD HAVE THE
RIGHT TO CONTROL THEIR OWN
PERSONAL DATA.
AND SHOULD NOT BE DISCRIMINATED
AGAINST FOR EXERCISING THAT
RIGHT.
EFFECTIVE JANUARY FIRST TWENTY
TWENTY AND WHAT SPECIFICALLY
GRANT CALIFORNIA CONSUMERS THE
RIGHT TO KNOW WHAT INFORMATION%
IS BEING COLLECTED ABOUT THEM.
WHETHER IT IS SOLD TO HOME TO
RIGHT TO ACCESS THE RIGHT TO
DELETE RIGHT TO OPT OUT OR OPT
IN. TO THE SALE DEPENDING ON THE
AGE OF THE CONSUMER.
AND ALSO THE RIGHT TO EQUAL
SERVICE AND PRICE IF THE
CONSUMER EXERCISES THAT RIGHT.
IT ALSO WOULD PROVIDE A LIMITED
PRIVATE RIGHT OF ACTION FOR
CONSUMERS BUT ONLY IN SITUATIONS
INVOLVING A DATA BREACH.
THE COMEDIAN ALICE'S NOTES
PERSONNEL OPERATING AND
EQUIPMENT COST TO DEPARTMENT OF
JUSTICE.
IN THE MILLIONS THAT ARE
ASSOCIATED WITH THE DUTIES
IMPOSED BY THIS BILL.
AND ALSO UNKNOWN COST PRESSURES
TO COURT TO ADJUDICATE LAWSUITS
FILED TO FILED BY OR ON BEHALF
OF CONSUMERS AGAINST BUSINESSES.
WHO ARE ALLEGED TO HAVE VIOLATED
PROVISIONS OF THIS ACT?
IN RESPONSE TO THE PHYSICAL
CONCERNS RAISED BY THIS BILL.
I LIKE TO NOTE THAT THE BILL
ESTABLISHES DE OF CONSUMER
PRIVACY AND FUN EXCLUSIVELY TO
OFFSET ANY COSTS INCURRED BY THE
STATE.
COURTS AS WELL AS THE ATTORNEY
GENERAL.
ARE IN CONNECTION WITH THIS LAW
HOWEVER I LIKE MY JOINT AUTHORS
SENATOR HERTZBERG.
THAT THIS BILL PLACES A GREAT
DEAL OF RESPONSIBILITY ON THE
DEPARTMENT OF JUSTICE.
AS A RESULT I ECHO THE COMMENTS
I MADE BY SENATOR HERTZBERG IN
SAYING THAT I I ALSO SUPPORT
BUDGET CHANGE PROPOSALS INTO THE
FUTURE THAT WOULD GIVE.
THE ATTORNEY GENERAL OUGHT THE
RESOURCES NEEDED TO ENFORCE THE
PROVISIONS OF THIS BILL IN A
MEANINGFUL WAY.
AND JOINING ME IS US SENATE
HERTZBERG SO AT THIS TIME RIGHT.
ASKING TO SEE IF HE WAS MAKING
COMMENTS [inaudible]
THANK YOU [inaudible]
HERE.
AND BY SHARON'S.
IT SEEMS JOBS ARE.
AND THEY ALL WANTED TO DO WAS TO
GESTURE.
GIVE GREAT ACCOLADES TO THE
AUTHOR OF THIS MEASURE AND THIS
IS CERTAINLY THE CIRCUMSTANCES
ARE QUITE CHALLENGING THE
QUESTION.
THAT WE ALL FACE IS WHAT'S THE
PRODUCT.
AND WHAT'S THE PROCESS GOING
FORWARD.
AND THE PRODUCT IN OUR JUDGMENT
IS BY ORDERS OF MAGNITUDE BETTER.
A NO THERE'S NO STATE IN THE
UNION THAT HAS PRIVACY LAWS EVEN
COMES CLOSE TO WHAT WE'RE
TALKING ABOUT.
WELL WE HAVE THIS HOLLOW RIGHT
OF AFFORDED IN BOTH CONSTITUTION
THE STATE OF CALIFORNIA.
AND IN CASE AUTHORITY FROM THE
UNITED STATES.
WE HAVE TO GIVE IT MEANING IN
THE CONTEXT OF THE INTERNET.
BECAUSE THE INTERNET HAS GIVEN A
WHOLE NEW DEFINITION OF WHAT
PRIVACY IS ALL ABOUT.
IN TERMS OF ABILITY TO GATHER
INFORMATION ABOUT YOU TO TRACK
YOU TO LEARN HOW MANY BEACH OF
YOUR HEART.
AND SO ARE WE HAVE AN OBLIGATION
GOVERNMENT TO COME UP WITH
REGULATIONS AND PROCESSES TO
MAKE SURE THAT THE PUBLIC IS
PROTECTED THAT'S OUR JOB.
THAT'S WHAT WE'VE DONE IN THIS
BILL.
CALM AND THE MOST IMPORTANT
ADDITION TO THE FRAMEWORK WHICH
I THINK IS WEEK NOTHING LESS
THAN ELEGANT PROCESS DIFFICULT.
BUT AT THE END OF THE DAY WHAT
WE DID WAS BREAK IN A YEAR DELAY.
THAT YEAR DELAY GIVES THE
CHAIRMAN OF THE PRIVACY
COMMITTEE AND OTHERS IN OUR
HOUSE.
THE OPPORTUNITY TO TO SIT DOWN
AND THINK THROUGH THE POLY MY
SON.
IS MY SON I WOULD AYE NORM I
ALWAYS TAKE IT BUT THIS TIME A
NINE MILLIMETER PRIVACY THE AYE
THAT NOT WITH MY SON.
WHO JUST GOT IT THE DAY AFTER
YOU WON THE BEST OF NEW OPERA
LAST YEAR HE JUST GOT THE BEST
NEW OPERA OF THE FOR THIS SO FAR
THIS YEAR FROM WHAT HE DID?
HOW YOU LIKE THEM APPLES?
THAT'S THE MOST IMPORTANT PART
OF MY TESTIMONY LIVE ANOTHER
LETTER I WOULD TELL YOU.
HAS DRIVE ME CRAZY THIS KID BUT
HE'S WHAT DO YOU DO ANY OTHER
ARTISTIC IDIOT YOU DO WHAT YOU
GOTTA DO.
SO SO BUT THE PER THE POINT IS
IS THAT WE'VE GOT THE
OPPORTUNITY NEXT YEAR AND THAT
THAT'S REALLY A BIG DEAL AND AND
SO.
YES OTHER THINGS THAT YOU
OVERLOOKED YES OF THE GOING TO
BE CHALLENGES WE WITH RESPECT TO
THINKING THIS THROUGH IT IS AN
EXTRAORDINARY ISSUE IN THE LAST
POINT I WANTED TO MAKE.
I KNOW THAT --
JUST HEARD DR.
GERMAN TALK ABOUT THE TOURNEY
GENERAL AND IS SUPPORTING A
BUDGET CHANGE PROPOSAL WHICH I
ALSO COMMITTED TO THEY NEED THE
MONEY THAT PROVIDE THE
MECHANISMS IN PLACE.
BUT BUT THAT DID THE LAST THINGS
CHAIRMAN.
IS IS THESE THE THE THE THE THE
FRAMEWORKS IN PLACE AND THE THE
CHALLENGES THAT WE FACE WERE
GONNA ALWAYS FACE THE INITIATIVE
HAD A 70% THRESHOLD.
THAT YOU KNOW PEOPLE CAN LIKE OR
NOT LIKE THE LEGISLATIVE BRANCH
OF GOVERNMENT I GET THAT ON BOTH
SIDES OF THE AISLE.
BUT THERE'S AN IMPORTANT
CONSTITUTIONAL FUNCTION THAT WE
PERFORM AND AREAS IS CRITICAL IS
PRIVACY THAT EVERY DAY NEW
TECHNOLOGIES ARE INVADING OUR
LIVES AND BECAUSE CONSTERNATION
TO THE PEOPLE THAT WE REPRESENT
WITHOUT PARTY AFFILIATION.
BUT WE NEED TO HAVE THAT
FLEXIBILITY TO ENGAGE AS
REPRESENTATIVES OF THE PEOPLE IN
THAT PROCESS THAT'S THE MOST
IMPORTANT THING I ASK YOUR
SUPPORT OF THIS MEASURE --
MISTER CHAU YOUR POT THAT YOU
HATE OKAY WITH THAT WILL LET GO
TO SUPPORT.
I WOULD LIKE TO COME UP --
WILL TAKE TWO PRIMARY SPEAKERS
IN SUPPORT AND THEN ME TO USE
AFTER THAT.
RECOGNIZE THAT WE COME UP TO THE
TAPE [inaudible]
WE HAVE [inaudible]
I WANT TO MAKE SOME BRIEF
COMMENTS THAT'S GREAT --
MONEY BALUSTER MICK JAGGER THANK
YOU FOR YOUR TIME MISTER
CHAIRMAN MEMBERS.
BOB.
I'M A PROPONENT OF THE BALLOT
INITIATIVE.
AND I'M HERE TO SPIN SPORT AB
THREE SEVENTY FIVE I THINK IT
DOES MATERIALLY SUBSTANTIAL THE
SAME THING AS A BALLOT
INITIATIVE --
I DIDN'T THINK I WOULD GET HERE
BECAUSE I'D ABOUT A MONTH HAVE
TO GO TO PEER THAT IT WAS OF THE
GULF WAS TOO WIDE.
BUT I THANKS TO THE REALLY
EXTRAORDINARY EFFORTS OF BY SOME
MEMBER CHAO.
AND SENATOR HERTZBERG --
AS LONGS AS BOTH SENATOR DODD --
TO GET US HERE WERE HERE AT TO
MUCH TO MY SURPRISE --
AND ARE IN GENERAL I AM THRILLED
TO BE HERE BECAUSE AS THE
SENATOR SAID I ACTUALLY DO
BELIEVE THAT THE THIS IS THE
RIGHT PLACE FOR IT TO MAKE LOS
ANNA AND AND INITIAL PROCESS I
THINK IT'S BALLOTS I DON'T I'M.
NOT A 100% COMMITS WE WOULDN'T
BE HERE WITHOUT THAT BUT THAT
SAID -- IT'S
TIME TO TURN OVER TO YOU THE
LEGISLATURE AND LET YOU --
TO YOUR JOB AND YOUR CUSTER'S
RESPONSIBILITY IN THEM I'M
THRILLED TO THAT CELL I HOPE IT
PASSES BECAUSE I DO THINK THIS
IS THE RIGHT.
VENUE FOR THIS THANK YOU SO MUCH.
I A THANK YOU MEMBERS OF THE
COMMITTEE I'M ELIZABETH POLICIA
VICE PRESIDENT OF COMMON SENSE
KIDS ACTION.
COMMONSENSE A NATIONAL NONPROFIT
DEDICATED TO SUPPORTING KIDS AND
FAMILIES IN THE DIGITAL AGE HAS
BEEN WORKING WITH THE CALIFORNIA
LEGISLATURE ON PROTECTING KIDS
PRIVACY.
OVER THE YEARS INCLUDING ON THE
TWO THOUSAND THIRTEEN A RACER
BUT MA AND THE TWO THOUSAND
FOURTEEN STUDENT PRIVACY SOAPY
BACKED.
KIDS PERSONAL INFORMATION
ACTIVITIES AND NETWORKS ARE
EXPOSED AND OFTEN FOR SALE FROM
BIRTH.
A RECENT NATIONAL POLL OF
PARENTS AND TEENS FOUND THAT
NINE AND TEN WANT COMPANIES TO
PROVIDE GREATER PRIVACY
PROTECTIONS AT THE COMPANY UPON
US TO ANSWER THEIR CALL.
COMMON SENSE IS A PROUD COULD
SPONSOR OF THE CALIFORNIA
CONSUMER PRIVACY ACT.
THE BILL THAT WAS SECURE RIGHTS
FOR EVERY MEMBER OF THE FAMILY
AND CREATING SPECIAL PROTECTIONS
FOR KIDS UNDER.
SIXTEEN AB THREE SEVENTY FIVE
ALLOWS CONSUMERS TO MAKE
INFORMED CHOICES ABOUT WHAT
HAPPENS WITH THEIR OWN DATA.
CONTROL THAT FOSTERS HEALTHY
RELATIONSHIPS WITH TECHNOLOGY
AND OVERALL DIGITAL WELLBEING.
THERE'S ACTUALLY A POULTICE
REACHED JUST RELEASED TODAY --
THAT FOUND THAT FIELD 77% SO
THREE AND FOUR AMERICANS FEEL
THAT.
BIG INTERNET AND TECHNOLOGY HAS
A NEGATIVE IMPACT ON THEIR
PRIVACY.
HOME AND NOW WE HAVE A CHANCE TO
ADDRESS THAT BUT ALSO LIKE TO
SAY THAT WE LOOK FORWARD TO
WORKING WITH THE ATTORNEY
GENERAL'S OFFICE TO MAKE SURE
THERE'S ROBUST.
I AN APPROPRIATE ENFORCEMENT
MECHANISMS OF THIS LAW GOES INTO
EFFECT THE STATE THE PIONEER THE
TECH REVOLUTION SHOULD NOW
PIONEER CONSUMER PRIVACY STATE
SAFEGUARDS.
AND CALIFORNIA LEADS THE WAY THE
NATION WILL FOLLOW WE URGE THE
COMMITTEE IN THE LEGISLATURE TO
VOTE YES ON THIS LOT THANK YOU.
OR ANYONE ELSE THAT WOULD LIKE
TO COME UP.
THE MIKE IN THE MIDDLE.
THIS IS THE THIS IS THE MEAT TO
STATE YOUR NAME YOUR
ORGANIZATION THAN ME.
TOO I MEAN ATTACK OR THE
CONSUMER ATTORNEY THE
CALIFORNIANS SUPPORT.
SMITH A CORBIN IN BEHALF OF
PRIVACY RIGHTS CLEARINGHOUSE
ALSO IN SUPPORT.
SURE ANY OPPOSITION [inaudible]
BILL.
YOU GUYS COULD GIVE UP YOUR
CHAIRS TO LEAD TO PEOPLE. FOR
THE OPPOSITION IF THERE ARE.
TWO WELL THE BILL [inaudible]
MR.
GOOD MORNING MISTERCHAIR AND
MEMBERS AYE SERIBU TESTIFYING ON
BEHALF OF CAL CHAMBER I IN
OPPOSITION TO AB.
THREE SEVENTY FIVE THIS BILL
WILL HAVE A FISCAL IMPACT ON THE
STATE WITH RESPECT TO THE
FUNDING NECESSARY FOR THE
ATTORNEY GENERAL TO REGULATE AND
ENFORCE ITS PRIVACY POSITION
WITH PROVISIONS.
AB THREE SEVENTY FIVE WILL ALSO
LEAD TO SIGNIFICANT QUIRK COSTS
DOODLES THE LAWSUITS THAT WILL
FLOW FROM ITS EXPENSIVE PRIVATE
RIGHT OF ACTION.
THIS BILL ALLOWS FOR SIGNIFICANT
STATUTORY DAMAGES TO BE AWARDED
WITH NO PROOF OF ANY INJURY.
WHICH MEANS THAT ONCE THE BILLS
ENACTED BUSINESSES WILL BE HIT
WITH AN IMMEDIATE LAWSUIT THE
WEEK OF A DATA BREACH.
IN A WORLD WHERE NO PROOF OF
INJURY IS REQUIRED TO BE ON THE
HOOK FOR HUGE STATUTORY DAMAGES.
MANY COMPANIES WILL BE LEVERAGED
INTO IMMEDIATE SETTLEMENT
REGARDLESS OF THE STRENGTH OF
THEIR DEFENSE AT TRIAL SO THE
ARGUMENT THIS PRIVATE RIGHT OF
ACTION ONLY AFFECT BAD ACTORS IS
SIMPLY NOT TRUE. FOR THAT REASON
THE CAL CHAMBERS IDENTIFIED
SIMILAR LANGUAGE ANOTHER BILL
THIS YEAR SB ELEVEN TWENTY ONE
IS A JOB KILLER.
ADDITIONALLY ALTHOUGH IT'S BEEN
STATED IT PREVIOUS HEARINGS THE
AUTHORS DO NOT INTEND TO APPLY
THE DATA BREACH PRIVATE RIGHT OF
ACTION OTHER PARTS OF THE BILL.
THERE'S NOTHING IN THE CURRENT
LANGUAGE OF THE BUILD BICU
EXPLICITLY PROVIDE SUCH AN
INTERPRETATION OF THE LAW.
SO WE REQUEST A COMMITMENT ON
THE RECORD TO RESOLVE THAT ISSUE
BEFORE THE LAW TAKES EFFECT
OTHERWISE THE LITIGATION BURDEN
ON BUSINESS AND ON THE COURTS
WILL BE THAT MUCH GREATER.
FINALLY THE ADDED COSTS OF
REGULATORY COMPLIANCE AND LEGAL
LIABILITY STEMMING FROM THIS
BILL WILL HAVE AN IMPACT ON THE
CALIFORNIA ECONOMY PERHAPS IN
WAYS THAT WE CAN'T YET PREDICT
GIVEN THE SWEEPING NATURE OF
THIS LEGISLATION.
YET DESPITE OUR OBJECTIONS TO
THE MASSIVE LIABILITY AND TO
OTHER PROBLEMS WITH THIS BILL
THE BUSINESS COMMUNITY IS IN AN
UNTENABLE SITUATION.
ALTHOUGH AB THREE SEVENTY FIVE
DEEPLY FLAWED PRIVACY INITIATIVE
IS EVEN WORSE.
AND THE STAKES ARE ASTRONOMICAL
BECAUSE IF THE INITIATIVE IS
PASSED THE LEGISLATURE WILL BE
VIRTUALLY UNABLE TO AMEND THE
LAW ON THE FUTURE AND THAT'S
PROBLEMATIC BOTH BECAUSE OF THE
FLAWS IN THE INITIATIVE.
AND BECAUSE WE HAVE TO RETURN TO
VOTE OF THE PEOPLE IN ORDER TO
CHANGE THE LAW IN AN AREA WHERE
BUSINESSES AND TECHNOLOGIES ARE
CONSTANTLY EVOLVING.
THAT WOULD BE A GOOD OUTCOME FOR
ANYONE.
SO THIS LATE HOUR WE PRINT WE
ABSOLUTELY PREFER THE
LEGISLATIVE PROCESS TO THE
INITIATIVE PROCESS.
BUSINESS COMMUNITY HAS BEEN AND
REMAINS DEDICATED TO CRAFTING
REASONABLE PRIVACY LEGISLATION.
WE STRONGLY URGE THE LEGISLATURE
TO FIX THE NUMEROUS PROBLEMS
PRESENTED BY THIS BILL AS WE
MOVE FORWARD AND WE DO BELIEVE
THAT DELAYED IMPLEMENTATION OF
THIS BILL WILL HELP AND WE ARE
GRATEFUL FOR THAT.
I JUST WANT TO BRIEFLY HIGHLIGHT
A FEW OF SOME OF THE UNINTENDED
CONSEQUENCES OF THIS BILL THAT
WILL IMPACT CONSUMERS THAT FOLKS
ARE GONNA NEED TAKEN IN
CONSIDERATION GOING FORWARD.
ON THE BILL COULD JEOPARDIZE THE
ABILITY O RETAILERS PROVIDE
LOYALTY AND REWARDS PROGRAMS TO
CUSTOMERS.
IT COULD PREVENT COMPANIES FROM
AFFECTS READING PRODUCT SAFETY
RECALLS.
IT COULD IMPACTS THE THIRD PARTY
DATA SHARING --
FOR FRAUD PREVENTION AND
DETECTION.
AND SOME OF THE DISCLOSURE
REQUIREMENTS OF THIS BILL COULD
BE READ TO FORCE COMPANIES TO
PRODUCE INFORMATION ABOUT ONE
CONSUMER TO ANOTHER WHICH
CERTAINLY GOES AGAINST THE
PRIVACY GOALS OF THIS
LEGISLATION.
THESE ARE JUST SOME OF THE
NUMEROUS ISSUES WITH THIS BILL --
BUT FOR THESE REASONS AND MORE
WE ARE OPPOSED TO IT
[inaudible]
I THOUGH ULTIMATELY WE
MAINTAINED A PREFERENCE FOR THIS
LEGISLATION OVER THE BALLOT
INITIATIVE BECAUSE IT IS FAR
WORSE [inaudible]
THANK YOU [inaudible]
ANYONE ELSE [inaudible]
COM LINEUP.
MISTER CHAIR MEMBERS LARA
BENEFITS ACTTHAT WE APPRECIATE
THE AUTHOR BRINGING THIS POLICY
ISSUE TO A LEGISLATURE WE AGREE
THAT THE IS THE APPROPRIATE
VENUE FOR THIS POLICY DISCUSSION
THANK YOU. TO KAREN CENTER IS
KEVIN GOLD CALIFORNIA BANKERS
ASSOCIATION.
WE APPRECIATE AND ACKNOWLEDGE
THE GRAMM LEACH BLILEY LANGUAGE
THAT'S INCLUDED IN THE MEASURE
WE BELIEVE THAT IT CAN BE
IMPROVED UPON.
AND WE HAVE DRAFTED LANGUAGE
THAT WE THINK CAN ACCOMPLISH
THAT AND WE LOOK FORWARD TO
FUTURE CONVERSATION AND
SUBSEQUENT LEGISLATION THANK YOU.
MISTER CHAIRMAN FIRST JOHN DORY
ABOUT THE CIVIL JUSTICE
ASSOCIATION OF CALIFORNIA WE ARE
IN OPPOSITION I THINK THAT THE
THE WORK WAS --
ADMIRABLE ON ITS CLOSE BUT
THERE'S ENOUGH GLARING PROBLEMS
THAT WE HAVE TO REMAIN OPPOSED
AND THAT WE UNDERSTAND THE CAMPY
AMENDED BECAUSE OF THE TIMELINE
SO.
I PREFERRED. SEVEN ANDERSON ON
BEHALF OF THE RETAIL INDUSTRY
LEADERS ASSOCIATION ALSO OPPOSE
THINK [inaudible]
JOANNE BETTENCOURT [inaudible]
REPRESENTING.
HE'S ME THE SECURITIES INDUSTRY
AND FINANCIAL MARKETS
ASSOCIATION.
WE DO HAVE AN OPPOSE POSITION.
WE IT LIKE TO ALIGN OURSELVES
WITH THE COMMENTS OF THE
CALIFORNIA BANKERS ASSOCIATION
THANK YOU.
COURTNEY JOHNSON A CALIFORNIA
CREDIT UNION LEAGUE WE
APPRECIATE THE WORK OF THE
AUTHORS LOOKED FORWARD TO
WORKING WITH THEM ON MY FUTURE
LEGISLATION TO FIX THE PROBLEMS
ASSOCIATED WITH THE COPPER
TUBING ASSOCIATION THANK YOU.
HE REMEMBERS TRUST BUCKLEY WITH
THE PERSONAL INSURANCE
FEDERATION POST A MEASURE.
KAREN MEMBERS JERRY DESMOND
CALIFORNIA ASSOCIATION A
LICENSED INVESTIGATORS AND ALIGN
OURSELVES WITH THE COMMENTS OF
POSITION OF THE CHAMBER.
FEELING GRIEF FOR THE ADVANCED
MEDICAL TECHNOLOGY ASSOCIATION
WE DISAPPEAR COMMENTS WITH OTHER
FOLKS HAVE SPOKEN THANK YOU.
LORNE GREEN LIGHT ON BEHALF OF
THE CALIFORNIA KEEP ON
TELECOMMUNICATIONS ASSOCIATION
ALSO OPPOSED --
MISTER HERTZBERG WHICH SHALL.
YOU WANT TO RESPOND TO ANY OTHER
COMMENTS.
QUESTIONS TERRIBLY HABIT IS
STARTED OUT WITH RESPECT TO THE
COST OF PRESSURE I THINK GOTTEN
JUST REHASH THE TWO POINTS I
RAISED EARLIER.
AND I THINK A WHAT WE'RE
SUGGESTING ADDRESS THAT ISSUE IS
THAT THERE ARE AS I SAID BEFORE
THE BILL ITSELF CONTAINS THE
COST OF PRE CREATE THIS PRIVACY
FUN.
ARE DOT WILL OFFSET SOME IF NOT
ALL OF THE COSTS ARE INCURRED BY
IDG OR THE COURT.
SO THAT'S ONE ASPECT THE OTHER
ASPECT IS THE BOBBY CP THAT'S A
BUDGET CHANGE PROPOSAL THAT WE
ARE A STRONGLY ADVOCATING A TO
HELP OUT BECAUSE OF THE AGE IS
GOING TO BE ASKED TO DO A LITTLE
BIT MORE WORKER.
BECAUSE OF THIS BILL SO WE WILL
BE WORKING ON THAT AS WELL.
AND OTHERS WENT QUITE A FEW
ISSUES RAISED BY THE OPPONENTS
AND AND I I JUST WANNA ON AREN'T
COMMITMENT ITSELF TO CONTINUE TO
WORKING WITH THE OPPONENTS ON
SOME OF THESE ISSUES IN
COMMITMENT IS BASICALLY.
TO LOOK AT EVERY SINGLE ONE OF
THESE ISSUE WHICH I HAVE NOT
SEEN ALL OF THEM.
ARE BUT MORE ONE OF WHICH IS THE
PRIVATE RIGHT OF ACTION AND THE
OTHERS ISSUES RAISED BY THE AG
SO WE WANT TO MAKE SURE THAT --
WHATEVER LONG WEEK HOUSE HERE IN
THE LEGISLATURE COULD BE
ENFORCED BY THE ATTORNEY GENERAL
SO I WILL DEFY COMMITMENTS OF TO
WORKING ON THAT PARTICULAR ISSUE
AS WELL SO WITHOUT A HAIRLIKE
TURNED OVER TO HOUSE AND
HERTZBERG.
AND BEFORE YOU GO CENTER
HERTZBERG OBVIOUSLY DURING THE
JUDICIARY COMMITTEE YOU HAD I
WOULD ASSUME A ROBUST
CONVERSATION ON THE POLICY IN
THE THE PRIVATE RIGHT OF ACTION
PIECE -- MR
CHOW DID A GOOD JOB --
DISCUSSING THE FISCAL IMPACT
WHICH IS THE SUBJECT OF THIS
COMMITTEE I THINK IT'S
APPROPRIATE GIVEN.
YOUR BACKGROUND IF YOU JUST WANT
TO BRIEFLY ADDRESS SOME OF THOSE
ISSUES AND I GOT IT HERE IN THE
NEGOTIATIONS MISTER MCTAGGART
AND THE NUMBER OF THE INTEREST
GROUPS IN TRYING.
TO REACH WHEN I WAS CALLED DOOR
NUMBER TWO AN ALTERNATIVE WHICH
IS YOU HAVE BEFORE YOU.
A PRIVATE RIGHT OF ACTION FORMED
I WOULD SUGGEST THE MOST
CONTENTIOUS ASPECT OF THE
MEASURE.
AND OF OF THE COMPROMISE THE
UNDERLYING MEASURE GIVES PRIVATE
RIGHT OF ACTION ALL TYPES OF THE
PROCEEDINGS ONE OF THE REASONS
THERE'S A BUDGET IMPLICATION
HERE IS THAT.
IF THERE'S A SALE OR IF THERE IS
A VIOLATION OF A NOTICE
PROVISION UNDER THE INITIATIVE
THE PRIVATE RIGHT OF ACTION WAS
THAT WAS THE REMEDY.
WE DID HERE IN THE COMPROMISES
TO LIMIT THE PRIVATE RIGHT OF
ACTION TO ONE THING.
AND THAT WAS DATA BREACHES AND
IN EVEN WITHIN THE CONTEXT OF
DATA BREACHES WE GAVE A RIGHT TO
Q. OR AND WE GAVE A PROCESS
SIMILAR IN SOME RESPECTS TO WHAT
WE HAVE IN PROP SIXTY FIVE WHICH
BASICALLY DEALS WITH.
HIS THE ATTORNEY ENERAL WHETHER
OR NOT THIS HAS MARRIED A DOZEN
THEY GET THEY HAVE SOME
AUTHORITY THE DETAILS OF WHICH I
WON'T BOTHER YOU WITH BUT IT AND
THEN ULTIMATELY THE PRIVATE
RIGHT OF ACTION TO THE EXTENT
THAT THERE'S BEEN A DATA BREACH
REFUSE STATUTORY DAMAGES WE
THOUGHT.
WAS A FAIR COMPROMISE AND PUT
ENOUGH YOU KNOW --
BORDERS AND GUIDELINES ON IT
THAT IT IT STILL GAVE THE
AUTHORITY ON THE ONE HAND BUT
AVOIDED THE DB DISCUSSION OF THE
ONE THING THAT WE'RE WORRIED
ABOUT.
IN ALL OF THESE DISCUSSIONS
AGAIN I'M JUST TRYING TO FIRED.
WAS THE LEVERAGE BECAUSE SOME OF
THESE COMPANIES ARE SO BIG THAT
IF YOU SAY IT'S FIFTY DOLLARS IN
SOMEONE'S GOT A HUNDRED MILLION
FOLLOWERS RIGHT THE NUMBERS ARE
HUGE AND THEY DOES BECOME THE
OPENING.
ACT FOR PURPOSES OF LITIGATION
AND WHEN YOU WANT TO GET TO THE
FACTS AND AND SO BECAME
CHALLENGING AND SO THAT WAS THE
REASON IN THAT KIND OF THE
NOTION DISCUSSION AROUND IT BUT
WHAT ACTUALLY IS IN THE MEASURE
AND YES IT WAS VERY MUCH A PART
OF A ROBUST.
DISCUSSION BOTH WITH THE
COMMITTEE A AND PUBLIC IT ALSO
WITH THE CHAIR OF THE COMMITTEE
WHO EVIDENCE TO VERY A
SIGNIFICANT INTEREST IN THAT
REGARD SO.
I THINK THAT THE COMPROMISE
GIVEN THE CIRCUMSTANCES IS QUITE
FAIR BALANCES THE PUBLIC
INTEREST ON THE ONE HAND WITH
THIS LIMITED RIGHT.
A AND THEN I GIVE TO THE JURY
GENERAL THE AUTHORITY AYE I
WOULD SUSPECT THAT THIS THING
COMES TOGETHER PROPERLY WHOEVER
THE ATTORNEY GENERAL IS A CITY
CALIFORNIA WILL BE THE CHIEF
PRIVACY OFFICER FOR THE UNITED
STATES OF AMERICA.
GIVEN THE FACT THAT YOU'VE GOT
SO MANY TECH COMPANIES HERE THAT
ARE WITHIN THAT PERSON'S
JURISDICTION AND THE FACT THEY
HAVE SUCH BROAD AUTHORITY WITH
RESPECT TO THE ISSUE OF PRIVACY.
AND THAT AND AND THAT'S ONE OF
THE REASONS IN TERMS OF THIS
BUDGET CHANGE PROPOSAL YOU'RE
GONNA NEED EXPERTS YOU'RE GONNA
NEED SOME MORE LAWYERS TO MAKE
IT HAPPEN.
BUT IN MY JUDGMENT IN THE
BALANCE OF THINGS IS OUR JOB IS
GOVERNMENT TO PROTECT PEOPLE
SOMETIMES IT'S PUBLIC SAFETY.
SOMETIMES WE SAW HERE IN THIS
COMMITTEE FEARS GOATS RANSOMWARE
WHICH OTHER KINDS OF STUFF DO
YOU GET IN THE BACK DOOR NOT
WITH A GUN IN THE AND THE COLD
WAR YOU GET IN THE BACK DOOR
WITH A COMPUTER HACKER IN
TOWARDS AFFECTING PEOPLE'S LIVES.
WITHIN YOU COULD START THEIR
CARS STEAL THEIR CAR I SAW ON
SIXTY MINUTES BECAUSE USING
HACKERS AND STUFF SO THIS WHOLE
BUT THE ISSUE.
IS OF PRIVACY IS SO MUCH BROADER
IN TERMS OF OUR RESPONSIBILITY
IN GOVERNMENT TO PROTECT PEOPLE
AND SO THE GIVING THE ATTORNEY
GENERAL IS THE IS THE ABILITY TO
PERFORM THE TO DEVELOP THIS
LEVEL OF EXPERTISE WE THOUGHT.
WAS A REALLY INTELLIGENT AND
MOST CAR.
DEAL WITH THIS VERY IMPORTANT
ISSUE.
ANY QUESTIONS FROM COMMITTEE
MEMBERS [inaudible]
MR WINNER.
I I WANNA.
IF YOU WANT TO THANK GOD OF THE
AUTHOR AND CENTER HERTZ FOR AS
WELL.
FOR I REALLY HOPING TO LAND A
PLANE.
AYE DISS --
IT WITHOUT ESPECIALLY THING GOES
IN A VERY VERY QUIET.
AND THIS WAS ARE --
IT'S CHALLENGING.
YOU CAN START MY VOICE A
CHALLENGING SITUATION --
DIED -- WE
FACED AND I I AGREE THAT.
THE LEGISLATURE IS THE RIGHT
FORUM AYE TO ADDRESS THIS ISSUE.
IN THIS BILL WILL ALLOW US
[inaudible]
TO I'M.
ALLOW US TO AVOID THE BALLOT
MEASURE --
AND TO KEEP THIS IN THE
LEGISLATURE.
YOU ARE PREPARED --
AND AND TO AT AND GIVEN THE AND
TO CLEAN UP LEGISLATION NEXT
YEAR.
AND THEN OVER TIME --
EYES ISSUES ARISE TO BE ABLE TO
CORRECT THEM.
A LEGISLATIVELY SO OBVIOUS UNDER
THE CIRCUMSTANCES THIS IS
DEFINITELY THE BEST COURSE AND
I'M NOT HAPPY TO SUPPLY
[inaudible]
THANK YOU.
MISTER YOUNG THANK YOU MISTER
CHAIR IN AND OF AYE AYE TO WANT
TO THANK THIS REALLY THE AUTHORS
FOR THE HARD WORK BUT I ALSO
WANT TO THANK MR MCTAGGART --
I'VE NEVER MET THE GENTLEMAN.
JOIN TODAY I SAW AND HEARD IN
THIS MORNING AND I APPRECIATE
HIS [inaudible]
IS.
SENSITIVITY IN CONSIDERATION TO
THE DEMOCRATIC PROCESS AND
ALLOWING THE LEGISLATURE TO
REALLY TAKE IN IN EMBRACE THIS
TO COME TO SOME SOLUTION WITHOUT
GOING.
TO THE BALLOT I THINK ALL OF US
ARE CONCERNED IN A TO
INTERESTING I YOU KNOW I'VE BEEN
WORKING. FOR YEARS ON TRYING.
TO CONNECT GRAPPLE WITH AND PUT
OUR ARMS AROUND THE LAW
ENFORCEMENT SURVEILLANCE AND
THAT.
OUR RIGHTS TO PRIVACY THERE.
WITH A LOT OF CHALLENGES IN THE
STRUGGLING WITH TRYING TO DO
WITH THE INTERNET REPRESENT
SOMEONE WHO REPRESENTS SILICON
VALLEY IF IT IS TOUGH. TO KIND
OF NAVIGATE THE WILD WEST THERE
BUT WHAT.
WILL COULD KICK AND CAME TO TO
HEART TODAY WAS ONE SENATOR
HERTZBERG MENTION HEART BEAT AND
I'M JUST THINKING THIS OVER TO
IN THE NEVER THOUGHT OF IT
BEFORE BUT I CHECK MY HEART RATE
ALL.
ALL THE TIME NOT ALL THE TIME
RUBIO WE NEED.
TODAY IT DOESN'T AUTOMATICALLY
ACTUALLY.
ON MY WATCH SO THAT THE FUNNY
PART IS WHERE IS THAT HEART BEAT
[inaudible]
INFORMATION GO WHO'S USING THAT
FOR WHAT PURPOSE AND TO
DETERMINE IF SOME POINT MY
INSURANCE RATES OR SOMETHING
ELSE AND IT'S IMPORTANT.
THAT WE PUT SOME PARAMETERS SOME --
WE NEED A SHERIFF IN THE IN THE
WILD WEST AND I THINK THIS IS
THE FIRST STEP TO PUSH
REGULATIONS AROUND EXTRA CASH
MAKE A COMMENT ON THAT.
YEAH JUST REAL QUICKLY HILL WE
LITERALLY TALKED TO ONE OF THE
TECH COMPANIES THAT SAYS ON
THESE DEVICES WHICH HAVE BECOME
INCREDIBLE RIGHT BASED UPON HOW
YOUR HAND SHAKES THEY CAN TERM
WHETHER OR NOT YOUR PARKINSON'S
A PRE PARK IS GOING TO THE ISSUE
OF HEALTHCARE AND ALL THE OTHER.
ISSUES IT'S NOTHING LESS AN
EXTRAORDINARY WHERE WERE YOU
WHERE YOU WENT TO COURT CASE
JUST CAME OUT THE OTHER DAY
TRACKING EVERYWHERE YOU GO
WHETHER EITHER A WARRANT TO
DETERMINE.
WHETHER YOU WANTED TO THIS
RESTAURANT OR WHATEVER VERSES
JUST WHAT PHONE CALLS YOU MADE
IT'S REALLY.
A QUIET REALLY IS THE WILD WEST
IN A WHOLE NEW WAY IT'S A YOU
KNOW A NEW FRONTIERS THEY SAY
AND STAR TREK.
ó IT AND I I APPRECIATE THE
HARD WORK THAT EVERYONE WENT TO
IN THE IN THE COMMITTEE FOR THE
CONSIDERATION SO.
THANK YOU VERY MUCH BE HAPPY TO
SUPPORT IT THANK YOU ANY OTHER
COMMENTS --
SEEING NO OTHER HANDS GO UP --
GET I'D LIKE TO COMPLIMENT
EVERYBODY --
WHO WAS PART OF THIS?
I THINK THE MOST SALIENT
COMMENTER THE MOST IMPORTANT
PIECE OF THIS IS.
BY DOING A BILL WE PRESERVE THE
LEGISLATIVE PROCESS GOING
FORWARD --
IF IT WAS AN INITIATIVE WE WOULD
NOT HAVE ANY.
TOOLS IN OUR TOOLBOX TO ADDRESS
ANY UNFORESEEN CONSEQUENCES SO --
WITH THAT I I THINK THIS IS THE
APPROPRIATE THING TO MOVE ON AS
YOU KNOW THIS BILL WOULD HAVE
MEANT TO THE CRACK [inaudible]
FILE HOWEVER IT WAS REFERRED TO
THE COMMITTEE PURSUANT TO SENATE
RULE TWENTY NINE POINT ONE D..
WHICH ONLY PROVIDES THE OPTION
TO DO TWO THINGS HOLD THE BILL.
OR RETURN THE BILL AS APPROVED
BY THE COMMITTEE TO THE SENATE
FLOOR.
AND SO THAT WILL BE THE
RECOMMENDATION OF THE CHAIR IS
THAT WE PASS THIS BILL A TO THE
SENATE FLOOR SO WITH THAT I'LL
TAKE A MOTION.
YEAH A MOTION BY MISTER WEINER
TO REFER THIS BILL TO THE SENATE
TO PASS THIS BILL TO THE SENATE
FOR PLEASE CALL THE ROLL MY
EXCUSE ME.
YOU TO WANT TO MAKE A CLOSING
CON I RESPECTFULLY ASK ARRIVAL
THINKING VERY MUCH THANK YOU.
THE MOTION IS THAT THE MEASURE
BE RETURNED TO THE SENATE FLOOR
FOR CONSIDERATION PORTANTINO AYE
PORTANTINO AYE BATES.
BATES AYE BELL.
BELL AYE BRADFORD BRADFORD AYE
HILL HILL AYE NIELSEN.
NIELSEN NO WIENER [inaudible]
WIENER AYE.
JUST ONE EVERYBODY'S HERE RIGHT
SO THAT BILL IS OUT --
SIX TO ONE THANK YOU ALL FOR
BEING HERE EARLY IN THE MORE
SENATE YOU AUTHORS THIS.
COMMITTEE IS ADJOURNED