Assembly Bill 1987, introduced by Assemblymember Lorena Gonzalez, would allow restraining orders to be issued prohibiting an abuser or harasser from controlling such “smart devices” in a victim’s home, vehicle or property.
“Survivors of domestic abuse have put a spotlight on internet-connected smart devices, like thermostats or doorbells you control from an app, used as tools for harassment, abuse and control,” says Gonzalez, a San Diego Democrat, in an announcement on her website. “Millions of homes have some type of smart technology. But if you can adjust your thermostat or check your surveillance cameras from your smartphone, so can a former partner.” Assembly Bill 1987 would allow victims of abuse “to seek restraining orders that take into account smart technology and stop this modern form of abuse.”
Existing law authorizes a court to prohibit a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, a misdemeanor. This bill would additionally authorize a court to bar a party from remotely controlling any connected devices in the home of the other party.
“The bill would require the Judicial Council to develop or update any other forms or rules of court that are necessary to implement these provisions,” the website explainer says.
These devices include security systems, cameras, thermostats, sprinklers, voice-activated assistants and speakers, lighting and more. As this technology becomes more prevalent in Californians’ homes, it’s estimated that the number of homes with smart technology is growing by 31 percent a year, Gonzalez’s announcement says.
“As these connected devices become widely available, so too does their use by domestic abusers as tools for surveillance and harassment,” she says.
Under existing law, protective orders do not protect against abusers who control accounts for smart devices, providing a unique way of harassing their victim through an app on their phone.
