Exhibit 2 — Plaid Privacy (Dkt. 108.3)

Summary

Exhibit 2, Doc. 108-3, filed November 17, 2020 in No. 4:20-cv-03056-DMR, in the U.S. District Court for the Northern District of California. It is a Bill Analysis of SB 355 (Murray), as amended July 5, 2005, prepared for the Assembly Committee on Appropriations for a hearing dated July 13, 2005, with Judy Chu as Chair. The analysis says the bill makes it illegal to request personal information from a consumer by using e-mail, Web sites or the Internet to impersonate a legitimate business. It lists who may bring a civil action, including the Attorney General or a district attorney, and says the bill specifies available remedies. Its comments describe the bill's purpose as addressing phishing.

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EXHIBIT 2 
Case 4:20-cv-03056-DMR     Document 108-3     Filed 11/17/20     Page 1 of 3

3/27/2020
SB 355 Senate Bill - Bill Analysis
leginfo.ca.gov/pub/05-06/bill/sen/sb_0351-0400/sb_355_cfa_20050712_150805_asm_comm.html
1/2
                                                                                                           BILL ANALYSIS                                            
 
 
 
                                                                  SB 355 
                                                                  Page  1 
 
          Date of Hearing:   July 13, 2005 
 
                        ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                                   Judy Chu, Chair 
 
                     SB 355 (Murray) - As Amended:  July 5, 2005  
 
          Policy Committee:                              Business and   
          Professions  Vote:                            10-0 
                        Judiciary                               7-0 
 
          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:                
 
           SUMMARY   
 
          This bill makes it illegal for anyone to request that a consumer   
          provide personal information by using e-mail, Web sites, or the   
          Internet to impersonate a legitimate business. Specifically,   
          this bill: 
 
          1)Makes it unlawful for a person to use a Web page, email, or   
            the Internet to misrepresent that they are a business and to   
            solicit or induce another person to provide their personal   
            information without the authority or approval of that   
            business. 
 
          2)Provides that the following persons may bring a civil action   
            against a person who violates the above: 
 
             a)   A person who is engaged in the business of providing   
               Internet access service to the public, owns a Web page, or   
               owns a trademark, and is adversely affected by a violation.   
 
             b)   An individual who is adversely affected by a violation. 
             c)   The Attorney General or a district attorney.  
 
          3)Specifies available remedies, including the maximum amount of   
            available damages, and provides that a court may increase the   
            amount of damages and/or award attorney's fees to a prevailing   
            plaintiff. 
 
           FISCAL EFFECT   
 
          Potential costs to the Attorney General or to district attorneys   
 
 
 
 
 
 
 
 
                                                                  SB 355 
                                                                  Page  2 
 
          who elect to bring actions pursuant to the above, potentially   
          offset to some extent by damage awards. 
 
           COMMENTS   
 
           Purpose  . This bill makes it illegal for anyone to try to   
          fraudulently induce a consumer to provide personal information   
          online by impersonating a legitimate business (i.e. phishing).    
          Phishing is a widespread technique for obtaining personal   
          information and is used to facilitate identity theft and other   
          crimes.  Phishers use fraudulent emails or Web sites to trick   
          consumers into providing personal information, such as bank   
          account numbers and social security numbers, to what is believed   
          to be a legitimate company. 
           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 4:20-cv-03056-DMR     Document 108-3     Filed 11/17/20     Page 2 of 3

3/27/2020
SB 355 Senate Bill - Bill Analysis
leginfo.ca.gov/pub/05-06/bill/sen/sb_0351-0400/sb_355_cfa_20050712_150805_asm_comm.html
2/2
 
 
 
 
 
 
 
 
 
                     
Case 4:20-cv-03056-DMR     Document 108-3     Filed 11/17/20     Page 3 of 3

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