SECTIONS 22948.5-22948.7 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22948.5-22948.7

22948.5. For purposes of this chapter, the following terms have the
following meanings:
(a) "Federally unlicensed spectrum" means a spectrum for which the
Federal Communications Commission does not issue a specific license
to a user, but instead certifies equipment that may be used in a
segment of spectrum designated for shared use.
(b) "Small office" means a business with 50 or fewer employees
within the company.
(c) "Spectrum" means the range of frequencies over which
electromagnetic signals can be sent, including radio, television,
wireless Internet connectivity, and every other communication enabled
by radio waves.
(d) "Wireless access point" means a device, such as a
premises-based wireless network router or a wireless network bridge,
that allows wireless clients to connect to it in order to create a
wireless network for the purpose of connecting to an Internet service
provider.
(e) "Wireless client" means a wireless device that connects to a
wireless network for the purpose of connecting to an Internet service
provider.

22948.6. (a) A device that includes an integrated and enabled
wireless access point, such as a premises-based wireless network
router or wireless access bridge, that is for use in a small office,
home office, or residential setting and that is sold as new in this
state for use in a small office, home office, or residential setting
shall be manufactured to comply with one of the following:
(1) Include in its software a security warning that comes up as
part of the configuration process of the device. The warning shall
advise the consumer how to protect his or her wireless network
connection from unauthorized access. This requirement may be met by
providing the consumer with instructions to protect his or her
wireless network connection from unauthorized access, which may refer
to a product manual, the manufacturer's Internet Web site, or a
consumer protection Internet Web site that contains accurate
information advising the consumer on how to protect his or her
wireless network connection from unauthorized access.
(2) Have attached to the device a temporary warning sticker that
must be removed by the consumer in order to allow its use. The
warning shall advise the consumer how to protect his or her wireless
network connection from unauthorized access. This requirement may be
met by advising the consumer that his or her wireless network
connection may be accessible by an unauthorized user and referring
the consumer to a product manual, the manufacturer's Internet Web
site, or a consumer protection Internet Web site that contains
accurate information advising the consumer on how to protect his or
her wireless network connection from unauthorized access.
(3) Provide other protection on the device that does all of the
following:
(A) Advises the consumer that his or her wireless network
connection may be accessible by an unauthorized user.
(B) Advises the consumer how to protect his or her wireless
network connection from unauthorized access.
(C) Requires an affirmative action by the consumer prior to
allowing use of the product.
Additional information may also be available in the product manual
or on the manufacturer's Internet Web site.
(4) Provide other protection prior to allowing use of the device,
that is enabled without an affirmative act by the consumer, to
protect the consumer's wireless network connection from unauthorized
access.
(b) This section shall only apply to devices that include an
integrated and enabled wireless access point and that are used in a
federally unlicensed spectrum.
(c) This section shall only apply to products that are
manufactured on or after October 1, 2007.

22948.7. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect any other provision or application that
can be given effect without the invalid provision or application.