§ 1798.91.04. — 1798.91.04. (Amended (as added by Stats. 2018, Ch. 860, Sec. 1) by Stats. 2022, Ch. 785, Sec. 2.)

(a)
A manufacturer of a connected device shall equip the device with a reasonable security feature or features that are all of the following:
(1)
Appropriate to the nature and function of the device.
(2)
Appropriate to the information it may collect, contain, or transmit.
(3)
Designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.
(b)
Subject to all of the requirements of subdivision (a), if a connected
device is equipped with a means for authentication outside a local area network, it shall be deemed a reasonable security feature under subdivision (a) if either of the following requirements are met:
(1)
The preprogrammed password is unique to each device manufactured.
(2)
The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.
(c)
A manufacturer of a connected device may elect to satisfy the requirements of subdivision (a)
by ensuring the connected device does all of the following:
(1)
Meets or exceeds the baseline product criteria of a NIST conforming labeling scheme.
(2)
Satisfies a conformity assessment as described by a NIST conforming labeling scheme that includes a third-party test, inspection, or certification.
(3)
Bears the binary label as described by a NIST conforming labeling scheme.

Legislative History

Amended (as added by Stats. 2018, Ch. 860, Sec. 1) by Stats. 2022, Ch. 785, Sec. 2. (AB 2392) Effective January 1, 2023. See similar section in the Title 1.81.26 added by Stats. 2018, Ch. 886.