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The Privacy Loophole No One Asked For
California has long stood as a national leader in digital privacy. With laws like the California Invasion of Privacy Act (CIPA), the California Electronic Communications Privacy Act (CalECPA), and the state’s constitutional right to privacy, we’ve built some of the strongest legal guardrails in the country against unlawful surveillance. SB 690 (Caballero) threatens to dismantle that framework in one fell swoop. This bill introduces a vague and sweeping exemption to California’s privacy and wiretap laws—so long as the surveillance is conducted for a “commercial business purpose.” That phrase isn’t defined. It isn’t limited. And it could apply to nearly every communication you have online or by phone, as long as a company claims it’s for routine operations.
What SB 690 Really Does
If passed, SB 690 would:
- Legalize warrantless surveillance of Californians’ private communications by private companies
- Exempt corporations and contractors from California’s consent-based wiretap laws (Penal Code §§ 631, 632, 632.7)
- Allow the use of surveillance tools like pen registers and trap-and-trace devices—tools that normally require a court order—without oversight
- Strip your right to sue if your rights are violated
This is not privacy “modernization.” It is surveillance deregulation.
Why It Matters
This bill would:
- Undermine your Fourth Amendment rights by letting private actors spy without judicial review
- Create a two-tier justice system, where private companies enjoy immunity from laws that still apply to you
- Destroy public trust, enabling government surveillance-by-proxy through corporate partners
- Open the floodgates for Big Tech, telecom giants, and data brokers to intercept and exploit your private conversations—without fear of consequences
We fought hard in 2015 to pass AB 929 (Chau) and later CalECPA, requiring warrants and judicial oversight for surveillance. SB 690 guts that progress.
What We’ve Uncovered
Our team at California Civil Liberties Advocacy (CCLA) has conducted a deep investigation into this bill. Here’s what we’ve learned:
- The sponsor behind SB 690 has ties to major tech lobbying coalitions.
- The original version of the bill included retroactive immunity for past violations—an attempt to let companies off the hook for potentially illegal activity. (This was removed under public pressure.)
- Despite amendments, the core immunity for surveillance in business contexts remains.
- This language creates a backdoor for law enforcement to obtain data without a warrant—by simply buying it from exempted third parties.
What We’re Doing
We’ve submitted formal opposition letters, met with legislative staff, and are coordinating with other privacy and civil liberties organizations. We’re drafting floor alerts, mobilizing supporters, and preparing targeted outreach in key Senate districts. But we can’t stop this bill alone. We are a small nonprofit. Our budget is tight. We’re up against powerful corporate interests and a fast-moving legislative calendar. But with your help—we can win.
🚨 Call to Action
📞 Call your California State Senator TODAY and tell them: VOTE NO on SB 690.
Use this simple message when you call:
“Hi, my name is [Your Name], and I’m a constituent. I’m calling to urge Senator [Last Name] to vote NO on SB 690. This bill undermines the Constitution, weakens California’s wiretap laws, and gives Big Tech a free pass to spy on Californians. Please stand up for due process and privacy. Vote NO on SB 690.”
🔎 You can find your senator here:
https://findyourrep.legislature.ca.gov
Let’s keep California a place where privacy still means something.