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Supporters of the California Online Privacy Protection Act argue it is already law, not law and order.
January 13, 2011|By Bob Greenlee, Special to The Bee
SACRAMENTO — When the U.S. Supreme Court took up a case involving the local privacy of a cellphone user last year, it was not the first time this issue had come before it.
The high court agreed in December to decide whether a U.S. law designed to protect people’s online privacy is an unconstitutional intrusion on business by federal and local authorities.
An early version of the California Online Privacy Protection Act, approved by the Legislature in 2006, was the subject of the Santa Clara County v. American Civil Liberties Union case. The high court initially declined to decide the case last year before voting to take it up again now.
Justices on the court have a patchwork of personal and political views about privacy rights, with no clear majority taking a position on the issue.
The state’s attorney general, Democrat Jerry Brown, who has also filed a legal brief in support of the proposed C.A.P.A., says what matters most is that the high court uphold the state law, which reflects the standard established by the U.S. Supreme Court in its landmark free speech case involving a newspaper.
“We think it’s the most appropriate position for the state of California to take,” Brown said in a recent interview with The Bee. “It is already law. It’s already the law of the land.”
The Brown-led office that oversees the law also has some help in its effort to sell the idea of privacy protection.
One of the law’s sponsors, Assemblyman Mark Leno (D-San Francisco), said it would create a “privacy shield” that would give consumers the right to request public disclosure of search terms and other information collected about them by advertisers and other companies.
He said that if an online business that collected information about people violates the law, the person could request a court to block that
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