Habeas Data – Datos Personales – Privacidad

California aprueba ley sobre privacidad en dispositivos wireless

Posted: octubre 6th, 2006 | Author: | Filed under: EEUU, Panama, Público en general, RFID | Comentarios desactivados

Los fabricantes de dispositivos wifi deberán informar a los consumidores las medidas para proteger la privacidad de la información en comunicaciones wireless a partir del primero de octubre de 2007.

La ley (AB 2415) fue aprobada por el Estado de California y establece como obligación la de informar a los consumidores o adquirentes de estos dispositivos ya sea mediante una leyenda en el software o mediante una etiqueta en el producto. Se debe incluir una noticia donde se explica cómo el consumidor puede proteger su privacidad y seguridad en relación con la red de acceso inhalámbrico y el acceso no autorizado a la misma. Esta protección que queda como una opción para el usuario consiste básicamente en habilitar la opción de clave de acceso. La posibilidad de cerrar la red podrí­a transformar en delito de acceso no autorizado tanto bajo la ley federal de delitos informáticos como el código penal de california, prosthetic al “piggybacking” (el colgarse de una red wifi sin permiso).

Texto de la norma en inglés

BILL NUMBER: AB 2415 AMENDED
BILL TEXT

AMENDED IN SENATE AUGUST 21, 2006
AMENDED IN SENATE AUGUST 10, 2006
AMENDED IN SENATE JUNE 20, 2006
AMENDED IN ASSEMBLY MAY 30, 2006
AMENDED IN ASSEMBLY MAY 17, 2006
AMENDED IN ASSEMBLY APRIL 26, 2006

INTRODUCED BY Assembly Member Nunez
(Principal coauthor: Assembly Member Leno)

FEBRUARY 23, 2006

An act to add Chapter 34 (commencing with Section 22948.5) to
Division 8 of the Business and Professions Code, relating to network
security.

LEGISLATIVE COUNSEL’S DIGEST

AB 2415, as amended, Nunez Network security.
Existing law, the Consumer Protection Against Computer Spyware
Act, provides specified protections for the computers of consumers in
this state against certain types of computer software.
This bill would require a device that includes an integrated and
enabled wireless access point, if the device is manufactured on or
after October 1, 2007, for use in a small office, home office, or
residential setting, and that is used in a federally unlicensed
spectrum, to either include a warning advising the consumer how to
protect his or her wireless network connection, a warning sticker, or
provide other protection that, among other things, requires
affirmative action by the consumer prior to use of the device. The
bill would provide that if any part of these provisions or their
applications are held invalid, the invalidity would not affect other
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares the following:
(a) With the increasing use of low power, unlicensed wireless
technology in residences, home offices, and small offices, consumers
are unknowingly allowing their personal information on their small
office, home office, or residential networks to be accessed by
unauthorized users who piggyback onto their network connection.
(b) Piggybacking occurs when an unauthorized user connects its
client device to a wireless local area network (WLAN) access point or
router in order to utilize the small office, home office, or
residential network’s broadband access connection to reach the
Internet. The practice is becoming a serious issue for people who
reside in densely populated areas or live in apartment buildings
where wireless transmission waves can travel easily through walls,
floors, and ceilings.
(c) Consumers are generally unaware when an unauthorized user is
using their broadband network connection, as most are not
sufficiently aware to determine if someone has tapped into their
network. Enabled security avoids this problem by preventing all but
the most determined attempts to tap into a consumer’s network.
(d) In 2003, it was estimated that there were 3.9 million
households with wireless access to the Internet. Currently, there
are about 7.5 million households with wireless access, and that
number is expected to rise to 16.2 million households by the end of
the year.
(e) In December 2005, the National Cyber Security Alliance (NCSA)
found that, “more than one out of four homes had a wireless network
(26%) and nearly half of these homes (47%) failed to encrypt their
connection, a safety precaution needed to protect wireless networks
from outside intruders.”
(f) There is disagreement as to whether it is legal for someone to
use another person’s WiFi connection to browse the Internet if the
owner of the WiFi connection has not put a password on it. While
Section 502 of the Penal Code prohibits the unauthorized access to
computers, computer systems, and computer data, authorized use is
determined by the specific circumstances of the access. There are
also federal laws, including the Computer Fraud and Abuse Act (18
U.S.C. Sec. 1030 et seq.), that prohibit the intentional access to a
computer without authorization.
SEC. 2. Chapter 34 (commencing with Section 22948.5) is added to
Division 8 of the Business and Professions Code, to read:
CHAPTER 34. Network Security

22948.5. For purposes of this chapter, the following terms have
the following meanings:
(a) “Federally unlicensed spectrum” means a spectrum for which the
Federal Communications Commission does not issue a specific license
to a user, but instead certifies equipment that may be used in a
segment of spectrum designated for shared use.
(b) “Small office” means a business with 50 or fewer employees
within the company.
(c) “Spectrum” means the range of frequencies over which
electromagnetic signals can be sent, including radio, television,
wireless Internet connectivity, and every other communication enabled
by radio waves.
(d) “Wireless access point” means a device, such as a
premises-based wireless network router or a wireless network bridge,
that allows wireless clients to connect to it in order to create a
wireless network for the purpose of connecting to an Internet service
provider.
(e) “Wireless client” means a wireless device that connects to a
wireless network for the purpose of connecting to an Internet service
provider.
22948.6. (a) A device that includes an integrated and enabled
wireless access point, such as a premises-based wireless network
router or wireless access bridge, that is for use in a small office,
home office, or residential setting and that is sold as new in this
state for use in a small office, home office, or residential setting
shall be manufactured to comply with one of the following:
(1) Include in its software a security warning that comes up as
part of the configuration process of the device. The warning shall
advise the consumer how to protect his or her wireless network
connection from unauthorized access. This requirement may be met by
providing the consumer with instructions to protect his or her
wireless network connection from unauthorized access, which may refer
to a product manual, the manufacturer’s Internet Web
site, or a consumer protection Internet Web site that
contains accurate information advising the consumer on how to protect
his or her wireless network connection from unauthorized access.
(2) Have attached to the device a temporary warning sticker that
must be removed by the consumer in order to allow its use. The
warning shall advise the consumer how to protect his or her wireless
network connection from unauthorized access. This requirement may be
met by advising the consumer that his or her wireless network
connection may be accessible by an unauthorized user and referring
the consumer to a product manual, the manufacturer’s Internet
Web site, or a consumer protection Internet Web site
that contains accurate information advising the consumer on how to
protect his or her wireless network connection from unauthorized
access.
(3) Provide other protection on the device that does all of
the following :
(A) Advises the consumer that his or her wireless network
connection may be accessible by an unauthorized user.
(B) Advises the consumer how to protect his or her wireless
network connection from unauthorized access.
(C) Requires an affirmative action by the consumer prior to
allowing use of the product.
Additional information may also be available in the product manual
or on the manufacturer’s Internet Web site.
(4) Provide other protection prior to allowing use of the device,
that is enabled without an affirmative act by the consumer, to
protect the consumer’s wireless network connection from unauthorized
access.
(b) This section shall only apply to devices that include an
integrated and enabled wireless access point and that are used in a
federally unlicensed spectrum.
(c) This section shall only apply to products that are
manufactured on or after October 1, 2007.
22948.7. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect any other provision or application that
can be given effect without the invalid provision or application.


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