e-Discovery California: I, Witness

J0434085 I'd probably file newly-signed California SB 748 under 'good intentions, questionable results'.  This new privacy law results in a misdemeanor if one posts data on the Internet that
discloses information about witnesses or their family members if the
intent is to injure them or incite violence.

Here are two notables from the article:

"The impetus behind the bill was preventative, DA's office spokeswoman
Erica Derryck said. "This is an example of our office recognizing the
way in which technology is used," she said."

…and…

"The bill also allows witnesses to submit opt-out forms to Internet
search engine providers to keep their identifying information out of
public databases. Businesses and agencies are required to take down
identifying information about a witness within two days of receiving
such an opt-out form, or face a $5,000 civil fine."

The law targets gang activity in particular, which should tell you why this isn't going to work.  Gang members who are interested in witness intimidation or worse are not going to be intimidated by a misdemeanor for posting data on the 'net.  Conversely, the idea that one can police "businesses and agencies" in this manner tells me that the D.A.'s office doesn't recognize 'the way in which technology is used'.

I guess they forgot to call me to get my opinion on this one…

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