CA Privacy Laws New 2012+ Privacy Site Listings+Spy Phone Software

Lord only knows that with ARs everywhere, now using “drones” and taking info off of “Facebook” (we hate Facebook) and other social media sites, targeting children for being in 4H and raising animals (4H animals are often sold after they are finished bringing them up, usually for slaughter but not always) ads in newspapers offering $500-$1,000 to snitch off animal breeders, taking down license plates, perhaps photographing what you do (and if they go to DMV may get your home address for $5.00 unless they have changed that rule)–Hey–Better know what you’re up against.

Believe us, part of why we dedicate ourselves to this is because we have been TARGETS of ARs  and have faced their tactics. Trust us, never put your home phone number in any ad (or online) even for rescuing animals. AC will show up at your door by using the reverse directory phonebook or going online. (Install Warning 24hr video surveillance signs/cameras, AC doesn’t really want to go to your place anymore)

Also, spyware for smartphones is out there, and if an AR was to use it on your smartphone, they can see every text and even hear your voice messages, and don’t need to be anywhere near you to do it. The software is readily available but if used for improper purpose, is a crime. Look online and you will see it’s true. We actually didn’t believe it at first.  

GENERAL PRIVACY

ACLU Privacy Issues

Center for Democracy and Technology

Computer Professionals for Social Responsibility Privacy Working Group

Electronic Frontier Foundation

Electronic Privacy Information Center

Privacy Activism

Privacy Foundation

Privacy Rights Clearinghouse

California Department of Motor Vehicles – Identity Fraud – What to do if it happens to you?

CalPIRG Privacy Rights Program

Federal Trade Commission Identity Theft

Identity Theft Resource Center

Nowhere to Turn: Victims Speak out on Identity Theft
(Report of CalPIRG and Privacy Rights Clearinghouse)

Identity Theft Resource Center

UNWANTED COMMUNICATIONS

California Do-Not-Call List

Direct Marketing Association Telephone, Mail & E-Mail Preference Services

Federal Trade Commission Do-Not-Call List

Coalition Against Unwanted Commercial E-Mail (CAUCE)

Anti-Phishing Working Group

Operation Opt-Out

MEDICAL PRIVACY

California Office of HIPAA Implementation

Health Privacy Project

Patient Privacy Rights

LAW ENFORCEMENT AGENCIES

California Attorney General

FBI & National White Collar Crime Center Internet Fraud Complaint Center

Rapid Enforcement Allied Computer Team

Northern California Computer Crimes Task Force

Sacramento Valley Hi Tech Crimes Task

San Diego C.A.T.C.H. Team/High Tech Crime

ACADEMIC ORGANIZATIONS

Berkeley Center for Law and Technology
U.C. Berkeley School of Law (Boalt Hall)

Carnegie Mellon Laboratory for International Data Privacy

Samuelson Law, Technology and Public Policy Clinic U.C. Berkeley School of Law (Boalt Hall)

California Office of HIPAA Implementation

The Privacy Place
North Carolina State University Computer Science and Business Management departments, Georgia Institute of Technology College of Computing, and Purdue University

Federal Trade Commission

Last Updated: Monday, November 09, 2009

And with SB917– anyone is a target. Just a matter of time before some AR turns in some Craigslist person selling chickens, chicks, giving away a kitten, fish, bird, mouse, snake. You watch, we are very seldom wrong on predictions.

That is one reason we are targeting information to any feed stores, retail outlets like Tractor Supply, FFA, rural groups that will be affected, kennels, even groomers. We WANT animal related business people to KNOW what the hell ARs do, how they do it, and to be aware. It is all complaint driven. Remember, most cell phones have cameras these days. And the spy programs out there can be loaded to someone else’s phone surreptitiously!!

Therefore an AR can buy the spyware for smartphones (it isn’t very expensive) and then load it on YOUR smartphone. They can then see anything you text and hear everything you say and might even infiltrate your COMPUTER if they know what they are doing. They might even be able to find you if you tell someone where you are going.  At first we didn’t believe it was possible, but YES, it definitely is. So if you have listed an ad, or some online media like Facebook or anything else, beware, especially if your smartphone has a lot of apps on it. The AR will not have to be anywhere near you, he/she just has to get your smartphone number.  If it is determined your phone is bugged, you can have it removed by a tech. It is not legal to use such software spying for an illegal purpose, it is mainly sold for parents to spy on their kids and spouses, BUT we all know how that works.

There is probably an app for bug detection of  your phone, we heard Sprint has it but did not verify it. And after viewing tons of call logs that we had to look at with detectives on a gang related case, trust us— when the cell phone records come in–they are word for word admissible. (Unless they are suppressed for some reason, of course.) For example, one of our clients talking to one of us (attorney) found that the opposing attorney had managed to intercept the private atty-client email! They didn’t have a warrant for that and we don’t know for sure how they got it as we were not using a smartphone.

People plain don’t understand the AR techniques that are used against them which is mostly based on neighbor complaints, anonymous complaints, made up complaints, phone call complaints from fake people–we know because we have seen it over and over. Always remember, even a well seasoned criminal defense attorney has not necessarily worked against Animal Rights, they will not necessarily know the tactics ARs use, they will not necessarily suspect wrongdoing and they will usually need some kind of help on the animal end.

We know that because, like a broken record, we have seen it, we are currently assisting one of the worst cases of alleged animal abuse (now they are claiming it’s hoarding) where the case is basically comprised of misrepresentations by the Bank and the County who worked together to seize (YES, seize) the residence and land. The owner’s criminal attorney is waiting to see if a national expert will testify for owner. Also on another case one of the Humane Officers we work with, turned in expert declarations as to the condition of animals, and we gave the attorney some help on legal cases. The charges were dropped against the owners, but the AC had already taken, destroyed, sold, adopted or altered everything.

————————————————————————————-

CA Privacy Site:

The California Legislature considers many bills on privacy issues each year. This page summarizes some of the currently pending or recently enacted bills, as of the date noted at the bottom of the page. The listing of these bills does not imply a position of support or opposition to any of them. To get more information on the bills and their status, click on the link below and enter the bill number.

Current Privacy Legislation
www.leginfo.ca.gov/bilinfo.html

2011 Privacy Legislation Enacted

Unless otherwise noted, all laws go into effect January 1, 2012.

AB 22 (Mendoza) Employment: Credit Reports
This law prohibits the use of consumer credit reports for employment purposes, with exceptions: 1) when the information is substantially job-related and the applicant or promotion candidate would have access to money, other assets, or confidential information; and 2) when the position is managerial, or with the state Department of Justice, a sworn peace officer or other law enforcement position, or 3) when the credit report information is already required by law. Civil Code § 1785.20.5 and Labor Code § Part 2 of Division 2 Chapter 3.6 (commencing with § 1024.5)

AB 665 (Torres) Disorderly Conduct: Invasion of Privacy
This law amends existing law on the crime of disorderly conduct including looking through an opening into a bedroom, bathroom, dressing room or other interior space where the occupant has a reasonable expectation of privacy, with intent to invade privacy. This law makes a second or subsequent violation by a registered sex offender a felony. Penal Code § 647

AB 708 (Knight) Hidden Recordings: Statute of Limitations
This law sets a statute of limitations of one year from discovery for filing a criminal complaint about the prohibited use of concealed camcorders, motion pictures cameras, or cameras of any type to secretly videotape another, as specified. Penal Code § 803

AB 746 (Campos) Cyberbullying
This law expands the Education Code definition of bullying committed as an electronic act to include posting on a social network Internet Web site. Education Code § 32261

AB 1219 (Perea) Credit Card Transactions: Zip Code
This law permits the collection of zip code information when a person or entity accepting a credit card in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island automated cashier uses the zip code information solely for prevention of fraud, theft, or identity theft. Civil Code §§ 1747.02 and 1747.08

SB 24 (Simitian) Data Breach Notification
This law requires those subject to the data breach notification statute to meet certain additional requirements, including providing specific information in the notice and providing a sample copy of notices issued to more than 500 California residents to the Attorney General or other specified state agencies. It also provides that entities in compliance with the breach notice provisions of the federal Health Insurance Portability and Accountability Act are deemed to have complied with the law’s provisions. Civil Code §§ 1798.29 and 1798.82

SB 208 (Alquist) Identity Theft: Restitution
This law authorizes courts to award restitution for expenses of monitoring an identity theft victim’s credit report and for the costs to repair the victim’s credit for a period of time reasonably necessary to make the victim whole, as specified. This law declares that it is to take effect immediately as an urgency statute. Penal Code § 1202.4

SB 602 (Yee) Reader Privacy
This law enacts the Reader Privacy Act, which protects the privacy of individuals who use the services of businesses that rent, sell, lend or otherwise offer books to the public. It requires a search warrant, court order, or the user’s affirmative consent before such a business can disclose the personal information of its users related to their use of a book, with specified exceptions, including an imminent danger of death or serious injury. Civil Code §§ Title 1.81.15 (commencing with §1798.90)

SB 636 (Corbett) Online Disclosure of Personal Information of Safe at Home Participants
This law provides participants in the Secretary of State’s confidential address program, Safe at Home (for victims of domestic violence or stalking and reproductive health care providers, employees, and volunteers) with the right to demand the removal their personal information, including home address and phone number, from online search engines or databases, and imposes related obligations on the operators of such search engines and databases. Government Code §§ 6206.5, 6206.7, 6208, 6215.3, 6215.4, 6215.7, 6208.1, 6208.2, and 6218.01

SB 850 (Leno) Confidential Medical Records
This law requires an electronic health or medical record system to protect the integrity of electronic medical information and automatically record and preserve any change or deletion of electronically stored information. This law affirms the patient’s right to access the information consistent with federal and state law. Civil Code § 56.101

Legislation chaptered in 199920002001200220032004200520062007200820092010

Last Updated: Monday, November 7, 2011

OTHER PRIVACY SITES

GENERAL PRIVACY

ACLU Privacy Issues

Center for Democracy and Technology

Computer Professionals for Social Responsibility Privacy Working Group

Electronic Frontier Foundation  (Excellent site and will often list their lawsuits)

Electronic Privacy Information Center

Privacy Activism

Privacy Foundation

Privacy Rights Clearinghouse  (Very good information)

IDENTITY THEFT

California Department of Motor Vehicles – Identity Fraud – What to do if it happens to you?

CalPIRG Privacy Rights Program

Federal Trade Commission Identity Theft

Identity Theft Resource Center

Nowhere to Turn: Victims Speak out on Identity Theft
(Report of CalPIRG and Privacy Rights Clearinghouse)

Identity Theft Resource Center

UNWANTED COMMUNICATIONS

California Do-Not-Call List

Direct Marketing Association Telephone, Mail & E-Mail Preference Services

Federal Trade Commission Do-Not-Call List

Coalition Against Unwanted Commercial E-Mail (CAUCE)

Anti-Phishing Working Group

Operation Opt-Out

MEDICAL PRIVACY

California Office of HIPAA Implementation

Health Privacy Project

Patient Privacy Rights

LAW ENFORCEMENT AGENCIES

California Attorney General

FBI & National White Collar Crime Center Internet Fraud Complaint Center

Rapid Enforcement Allied Computer Team

Northern California Computer Crimes Task Force

Sacramento Valley Hi Tech Crimes Task

San Diego C.A.T.C.H. Team/High Tech Crime

ACADEMIC ORGANIZATIONS

Berkeley Center for Law and Technology
U.C. Berkeley School of Law (Boalt Hall)

Carnegie Mellon Laboratory for International Data Privacy

Samuelson Law, Technology and Public Policy Clinic U.C. Berkeley School of Law (Boalt Hall)

California Office of HIPAA Implementation

The Privacy Place
North Carolina State University Computer Science and Business Management departments, Georgia Institute of Technology College of Computing, and Purdue University

OTHER STATE AND FEDERAL AGENCIES

Federal Trade Commission

Last Updated: Monday, November 09, 2009

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s