Here Are EFF's Sacramento Priorities Right Now

California is one of the nation’s few full-time state legislatures. That means advocates have to track and speak up on hundreds of bills that move through the legislative process on a strict schedule between January and August every year. The legislature has been adjourned for a month, and won't be back until August. So it's a good time to take stock and share what we've been up to in Sacramento.

EFF has been tracking nearly 100 bills this session in California alone. They cover a wide array of privacy, free speech, and innovation issues, including bills that cover what standards Artificial Intelligence (A.I.) systems should meet before being used by state agencies, how AI and copyright interact, police use of surveillance, and a lot of privacy questions. While the session isn't over yet, we have already logged a significant victory by helping stop S.B.1076, by Senator Scott Wilk (Lancaster). This bill would have weakened the California Delete Act (S.B. 362), which we fought hard to pass last year. 

Under S.B. 362, The Delete Act made it easier for anyone to exert greater control over their privacy under California's Consumer Privacy Act (CCPA). The law created a one-click “delete” button in the state's data broker registry, allowing Californians to request the removal of their personal information held by data brokers registered in California. It built on the state's existing data broker registry law to expand the information data brokers are required to disclose about data they collect on consumers. It also added strong enforcement mechanisms to ensure that data brokers comply with these reporting requirements.

S.B. 1076 would have undermined the Delete Act’s aim to provide consumers with an easy “one-click” button. It also would have opened loopholes in the law for data brokers to duck compliance. This would have hurt consumer rights and undone oversight on an opaque ecosystem of entities that collect then sell personal information they’ve amassed on individuals. S.B. 1076's proponents, which included data brokers and advertisers, argued that the Delete Act is too burdensome and makes it impossible for consumers to exercise their privacy rights under California's privacy laws. In truth, S.B. 1076 would have aided fraudsters or credit abusers to misuse your personal information. The existing guardrails and protections under the Delete Act are some of the strongest in empowering vulnerable Californians to exercise their privacy rights under CCPA, and we're proud to have protected it.

Of course, there are still a lot of bills. Let’s dive into six bills we're paying close attention to right now, to give you a taste of what's cooking in Sacramento:

A.B. 3080 EFF opposes this bill by State Assemblymember Juan Alanis (Modesto). It would create powerful incentives for so-called “pornographic internet websites” to use age-verification mechanisms. The bill is not clear on what, exactly, counts as “sexually explicit content.” Without clear guidelines, this bill will further harm the ability of all youth—particularly LGBTQ+ youth—to access legitimate content online. Different versions of bills requiring age verification have appeared in more than a dozen states. An Indiana law similar to A.B. 3080 was preliminarily enjoined—temporarily halted— after a judge ruled it was likely unconstitutional. California should not enact this bill into law.

S.B. 892 EFF supports this bill by State Senator Steve Padilla (Chula Vista), which would require the Department of Technology to establish safety, privacy, and nondiscrimination standards relating to AI services procured by the State and prohibit the state from entering into any contract for AI services unless the service provider meets the standards established. This bill is a critical first step towards ensuring that any future investment in AI technology by the State of California to support the delivery of services is grounded in consumer protection.

A.B. 3138 EFF oppos