How does California's new anti-spyware law affect libraries?

The Consumer Protection Against Computer Spyware Act went into effect in California on January 1st.  Although this is already being proclaimed as a model for the country, it was signed by Governor Schwarzenegger in spite of objections raised by privacy advocates. Beth Givens (Director, Privacy Rights Clearinghouse -- and former librarian) and Pam Dixon (Exec. Director, World Privacy Forum) say that the law sets such high standards regarding actual knowledge that it could actually undermine existing statutes that protect privacy and prohibit deceptive practices.

Does the bill apply to library computers? It applies to computers "of a consumer in this state."  It doesn't say the consumer needs to own the computer, so far as I read the law.  It defines "consumer" as "an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes." Calif. & Bus. Prof. 22947.1(e). I believe this should include public library computers (perhaps not other types of libraries), since they are commonly used by consumers for personal, family  or household purposes.

Comments

Title of the law is Consumer Protection Against Computer Spyware Act. Thanks

[Mary]

Thanks - I changed it. (I'd mistyped it as 'consumer spyware' act)