California: "Reader Privacy Act Introduced to Upgrade Book Privacy for the Digital Era"

From an Electronic Frontier Foundation:

California Senator Leland Yee has introduced the Reader Privacy Act of 2011 (SB 602), with backing from the California Affiliates of the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF). The law would bring a much-needed upgrade to match Californians’ reading habits. Under SB 602 the government and other third parties would need a warrant or court order for access to sensitive reading records. This would establish protections for book records—both e-books and in physical bookstores—in line with long-established protections for library records and other expressive material. The bill mirrors the privacy and free speech safeguards in the California constitution and other areas of California law.
As Californians increasingly rely on online services to browse, read, and buy books, it is essential that state law keep pace and safeguard readers in the digital age. Digital books now outsell paperbacks on Amazon.com and over 18 million e-readers are expected to be sold in 2012. Many bookstores already collect information about readers and their purchases. Digital book services can collect even more detailed information: which books are browsed, how long each page is viewed, and digital notes made in the margins. Current law doesn’t anticipate this new digital reality. Without strong privacy protections, reading records can be increasingly targeted by government surveillance as well as in legal proceedings like divorce cases and custody battles.
“Current law is completely inadequate when it comes to protecting one’s privacy for book purchases, especially considering the increasing popularity of online shopping and electronic books,” said Yee. “Individuals should be free to buy books without fear of government intrusion and witch hunts. If law enforcement has reason to suspect wrongdoing, they can obtain a warrant for such information.”

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