Newsom signs targeted CIPA reform; broader website litigation remains

Governor Gavin Newsom signed SB 690 on September 30, 2026, narrowing one category of private lawsuits under the California Invasion of Privacy Act. The law takes effect January 1, 2027.

Chapter 976, Statutes of 2026 · Official chaptered text · Chaptered text via LegiScan · Governor’s signing message.

What SB 690 changes

SB 690 addresses claims that website or app technologies operate as unlawful pen registers or trap-and-trace devices under Penal Code §638.51. These provisions concern specified routing, addressing and signaling information, rather than the contents of communications.

For covered claims against private actors arising from conduct on websites or online or mobile applications, civil enforcement under §637.2 will be reserved to the California Attorney General. Private plaintiffs will no longer have that damages or injunction route for the covered category.

The law also reaches qualifying pending claims in actions begun during the two years before its effective date. That window concerns when the action commenced, not when the alleged conduct occurred. The change does not automatically dispose of every claim in a lawsuit.

What did not change

Other grounds for website litigation remain intact. Claims alleging wiretapping under §631 or eavesdropping under §632 remain available where their requirements are met. A lawsuit asserting several legal theories may therefore continue even if its pen-register claim is barred.

SB 690 does not repeal the underlying §638.51 prohibition or create a general exemption for business activity. Federal wiretap law and separate privacy obligations also remain unchanged. The restriction is not limited to small businesses and does not require a finding that an individual claim was abusive.

The distinction is between claims, not simply case labels. A complaint can combine a pen-register claim with other claims about the same website tools. SB 690 addresses the covered pen-register claim; it does not resolve those other theories.

The Governor calls for more work

Newsom acknowledged the unfinished work. His signing message warned that other CIPA provisions remain susceptible to abusive litigation and called on lawmakers to address them next year.

Our coalition’s position

Our coalition welcomes this targeted reform and continues to support broader legislative clarity for businesses and other organizations operating websites.

The proposed federal HAIL Act takes a broader approach. Compare HAIL with the enacted SB 690 across covered laws, enforcement and pending cases.

The statute’s application to a particular case depends on the claims, procedural history and court rulings.