Bill-not-track of California waiting for 2011

It is a position invited by Richard b. Newman - lawyer Marketing Affiliate

The California Bill which potentially requires Web sites to allow users to refuse to be followed online is waiting for the rest of 2011, while the sponsor of the Bill controversial attempts to find compromises between its supporters and opponents.  Senator Alan Lowenthal (D), sponsor of the Bill, instead plans to resume the hearings on it in 2012 at the beginning.  Bill adopted the Judicial Committee of the Senate on a vote of 3-2 after its first hearing in May 2011.  It would be then heard in the Committee on appropriations of the Senate in January 2012 and then to the Senate by the end of January 2012 to stay alive in the session and to the Assembly for consideration.

In the meantime, Lowenthal was clear that his intentions are to hold many meetings are necessary and agree amendments to the Bill to the appropriations Committee he is comfortable with.  It is expected that the starting point will be a list of the objections provided by the coalition of companies and industry groups, including the California Cable & Telecommunications Association, Chamber of Commerce of California, Direct Marketing Association, TechNet and Internet Alliance.  Opponents of the proposed Act argued strongly that the Bill would impose an undue burden on the trade of the person, in violation of the Commerce Clause of the Constitution of United States.  Other constitutionally based challenges include excessive of the Bill and the discretion of amount excessive given the Attorney General when adopting regulations to achieve the Act said purpose.  The measure gives as Attorney General the authority to exempt ordinary commercial practices, such as support for the customer, analysis of the use of the products, accounting, audit and protection of personal information.  Opponents of the Bill have also criticize the exemption expressly of Federal Governments, States and local.

Under the proposed law, the Attorney General, in close collaboration with the State of the Office of Privacy Protection, make 12 July 2012 regulations requiring companies to provide consumers with a mechanism to opt-out "follow step."  Companies would be also required to disclose to consumers the personal information it collects on the use of information, and with whom he would share the information.  Those who violate this right would be subject to civil proceedings to consumers under a private right of action within two years an alleged violation and would be responsible for damages, punitive damages and lawyers and fresh.

The Bill is sponsored by the consumer Watchdog, which also supports a Bill similar to the Congress by Rep. Jackie Speier (D-Calif.).

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Richard b. Newman is an Attorney of law Internet and
Counsel for litigation hinch newman llp (New York & California)
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