4 ms·
"SECTION 1. Section 631 of the Penal Code is amended to read: 631. (a) A person who, by means of a machine, instrument, or contrivance, or in any other manner,
by zdp7 1y ago
"SECTION 1. Section 631 of the Penal Code is amended to read:
631. (a) A person who, by means of a machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes an unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with a telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of an internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in an unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of a message, report, or communication while the same is in transit or passing over a wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of Section 1170. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, the offense is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(b) This section does not apply to any of the following:
(1) A public utility, or telephone company, engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility or telephone company.
(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility.
(3) A telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(4) A commercial business purpose.
(c) For purposes of this section, “telephone company” has the same meaning as defined in paragraph (3) of subdivision (c) of Section 638.
(d) Except as proof in an action or prosecution for violation of this section, evidence obtained in violation of this section is not admissible in a judicial, administrative, legislative, or other proceeding."
Did you read this? It exempts commercial business purposes from the consequences of tapping communications without authorization.
- phendrenad2 1y agoSo what you're implying is that my apartment complex can MITM my TLS connections and sell my data? And my window-cleaning company can use lasers to bug my office? And there's no recourse for me? There are no other laws that cover this? Such as at the federal level? Or, are you missing important context and other factors?
- deleted 1y ago[deleted]
- zdp7 1y agoAre you implying that the bill is meaningless? If I place a device on your phone or wire tap your phone I would be subject to fine and jail under section 631 of the penal code. Here's Google's summary: "California Penal Code Section 631 primarily addresses wiretapping and eavesdropping, making it illegal to intentionally tap into or connect to a telegraph or telephone line without authorization. It also prohibits reading or attempting to read messages while they are in transit, using information obtained through wiretapping, and aiding or conspiring with others to commit these offenses." With this change section 631 no longer applies to someone doing this for a commercial business purpose. Maybe the reasoning is benign, but I feel like this could be used to violate my privacy and it's not really clear what legitimate business issue this remedies. This is about gaining access to communications you aren't authorized to access. Can you provide any reason we need to let business put an inductive coupler on my phone without letting me know?
- bigbadfeline 1y ago> Maybe the reasoning is benign, They may act like silly old men but they aren't stupid, they know reason and they know the implications - all of them. That's the true intent.
- phendrenad2 1y agoI don't understand why my argument is so hard to understand. Let me try again. I'm not saying the law is meaningless, I'm saying that the specific application of the law that is walked back by this new law is useless except for the purposes of nuisance lawsuits to shake down businesses. Now, I asked you if specific examples would be legal if this change went into effect, which you completely declined to comment on, which tells me you aren't that sure of your position.