California Senate Bill 690 Narrows CIPA Trap-and-Trace Reach
Any company operating websites or apps serving California users must reassess exposure to CIPA litigation as SB 690 heads to the Assembly.
California lawmakers advanced a narrower version of Senate Bill 690 to the Assembly Appropriations Committee, targeting the surge of California Invasion of Privacy Act (CIPA) claims challenging routine web tracking, analytics, and session-replay technologies. Courts have split on whether CIPA's pen register and trap and trace provisions apply to pixels, SDKs, and similar digital tools, fueling thousands of demands and lawsuits. SB 690 attempts to clarify that ordinary website analytics do not constitute unlawful interception under CIPA, potentially curbing serial-plaintiff litigation. In-house counsel should monitor the bill's progress, audit tracking technologies for compliance, and evaluate pending CIPA exposure in light of the proposed safe harbor. Final language and effective date remain pending Assembly action and gubernatorial signature.