Vote Smart's Synopsis:

Vote to pass a bill that requires technology companies receive consumer consent prior to voice storage and recordings.

Highlights:

• Requires an individual or entity that provides the operation of a voice recognition feature through a smart speaker device in California, during the initial setup or installation of a connected television, to inform the user or the individual designated by the user to perform the initial setup or installation of the connected television or smart speaker device (Sec. 3).

• Prohibits collecting or retaining recordings or transcriptions through the operation of a voice recognition feature by the manufacturer of a connected television or smart speaker device if the recording or transcription qualifies as personal information or is not de-identified, for the purpose of (Sec. 3):

• Using it for an advertising purpose;

• Sharing it with or selling it to a third party; or

• Retaining it at any location other than the connected television or smart speaker device controlled by the user for personal or household purposes, including backup, unless the user gives affirmative written or electronic consent.

• Prohibits an individual or entity from compelling a manufacturer or other entity that provides voice recognition features, to build specific features for allowing an investigative or law enforcement officer to monitor communication through the feature (Sec. 3).

• Establishes that manufacturers are not liable for functionality provided by applications that users choose to download, install, or use in the cloud, but are held liable for functionality given at the time of the original sale of the connected television or smart speaker (Sec. 3). 

• Establishes that an individual who knowingly engages, has engaged, or proposes to engage in a violation of this act will be liable for a civil penalty of no more than $2,500 per connected television or smart speaker device sold or leased in violation of this act (Sec. 5).

• Defines “connected television” as a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder (Sec. 4).

• Defines “smart speaker device” as a speaker and voice command device offered for sale in this state with an integrated virtual assistant connected to a cloud computing storage service that uses hands-free verbal activation, not including cellular telephones, tablets, laptop computers with mobile data access, pagers, or motor vehicles, or any speaker or device associated with, or connected to, a vehicle (Sec. 4).

Full Bill Text