Existing law prohibits a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as those terms are defined, without first obtaining a court order. Existing law authorizes a person who has been injured by a violation of that prohibition to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified.
This bill would instead authorize only the Attorney General to bring that action for a violation of the above-described provision if the action is alleged to arise from conduct occurring on an internet website, online application, or mobile application. The bill would provide that this limitation applies retroactively to any pending claim in an action commenced within 2 years before the operative date of the bill. The bill would declare the severability of its provisions.

Statutes affected:
SB690: 631 PEN, 632 PEN, 632.7 PEN, 637.2 PEN, 638.50 PEN
02/21/25 - Introduced: 15001 PEN
03/24/25 - Amended Senate: 631 PEN, 631 PEN, 632 PEN, 632 PEN, 632.7 PEN, 632.7 PEN, 637.2 PEN, 637.2 PEN, 638.50 PEN, 638.50 PEN, 15001 PEN
05/23/25 - Amended Senate: 631 PEN, 632 PEN, 632.7 PEN, 637.2 PEN, 638.50 PEN
05/29/25 - Amended Senate: 631 PEN, 632 PEN, 632.7 PEN, 637.2 PEN, 638.50 PEN
07/02/26 - Amended Assembly: 637.2 PEN, 637.2 PEN, 631 PEN, 632 PEN, 632.7 PEN, 637.2 PEN, 638.50 PEN
SB 690: 15001 PEN