Section 1798.91.04 - Duty of manufacturer1798.91.04.(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.Ca. Civ. Code § 1798.91.04
Amended by Stats 2022 ch 785 (AB 2392),s 2, eff. 1/1/2023.Added by Stats 2018 ch 860 (AB 1906),s 1, eff. 1/1/2019.