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What does California’s updated wiretapping law mean for website visitors and app users? Senate Bill 690 (SB 690) reportedly narrows one private lawsuit route under California’s Invasion of Privacy Act (CIPA). According to a September 2026 legal analysis, beginning January 1, 2027, private plaintiffs generally will no longer be able to bring certain CIPA section 638.51 pen-register and trap-and-trace claims based on website, online-application or mobile-application conduct. The analysis also describes limited retroactive treatment for some pending claims filed on or after January 1, 2025.
That is not a repeal of California website-privacy law, a declaration that tracking is lawful, or an end to every possible CIPA claim. The same analysis says CIPA sections 631 and 632 remain unchanged. California’s separate Consumer Privacy Act (CCPA) rights also continue to apply. The practical result is narrower private enforcement for one statutory theory, while the legality of a particular tracking deployment still depends on what it collects, where it sends information, how it operates and which law is being asserted.
What SB 690 changes
California’s Invasion of Privacy Act contains several provisions that have been used in disputes involving online communications and tracking. The change discussed here concerns section 638.51, which addresses pen registers and trap-and-trace devices. A September 2026 analysis by Proskauer on Privacy reports that SB 690 removes private enforcement for certain section 638.51 claims arising from websites, online applications and mobile applications. Under that account, enforcement of the covered conduct is left to the California Attorney General rather than to private plaintiffs seeking damages or other relief under that provision.
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Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →The analysis says Governor Gavin Newsom signed SB 690 on September 30, 2026, with an operative date of January 1, 2027. It also describes a limited retroactive rule for certain pending claims commenced on or after January 1, 2025. “Retroactive” does not mean every older case disappears automatically; whether a particular pending action falls within the provision depends on its filing date, allegations, procedural posture and the statute’s final application.
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No current official bill text was published. The effective date, scope and retroactive treatment should therefore be checked against the enacted text and current court orders before anyone relies on them in a live dispute.
The provision at issue: section 638.51
A pen register traditionally records dialing, routing or signaling information associated with communications, while a trap-and-trace device captures incoming routing information. Modern website and app lawsuits have argued that certain scripts or services perform an analogous function by transmitting information about a visitor’s interaction to another party. SB 690’s reported change concerns private claims under this section when the alleged conduct arises from website or app activity.
What the final measure reportedly did not include
Earlier proposals reportedly contemplated a broader carve-out for ordinary commercial-purpose processing. Proskauer’s analysis says that language was not retained in the final measure. The reported law therefore does not create a general exemption for businesses that describe their tools as analytics, advertising, customer support or ordinary business operations.
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What SB 690 does not change
Sections 631 and 632 remain relevant
According to the September 2026 analysis, the final bill leaves CIPA section 631, the wiretapping provision, and section 632, the eavesdropping provision, in place. A website or app dispute that does not fit the changed section 638.51 theory could still involve one of those provisions, subject to the facts, statutory elements and applicable defenses.
This distinction matters because a complaint may cite more than one CIPA section. The loss of a private section 638.51 route does not automatically eliminate allegations under section 631 or 632, nor does it decide whether those allegations are valid. Courts must still examine the communications at issue, the parties’ roles, consent, interception or recording theories, and other elements required by the asserted section.
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It does not legalize every tracking tool
Online litigation has involved tracking pixels, analytics scripts, chat widgets, chatbots and session-replay services. A pixel may send an event when a page loads or a button is selected. Analytics code may transmit page views, device details or navigation events. A chat tool can relay messages or interaction data to a provider. Session replay can reconstruct clicks, scrolling, form activity or other interface events.
Those labels do not determine legality. A tool’s classification, the information transmitted, the recipient, the timing, disclosures, consent signals and technical configuration all matter. A legal roundup covering 2025 decisions reports differing court outcomes in disputes involving session replay and pixels. One court’s treatment of a deployment is not a universal ruling on every implementation of that technology.
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When the change takes effect
| Date or period | Reported significance | What a reader should verify |
|---|---|---|
| Before January 1, 2027 | Existing law and pending litigation rules continue to govern, subject to court decisions and any applicable transition provision. | The filing date, claims pleaded and procedural status of a specific case. |
| January 1, 2027 | SB 690 is reported to become operative, narrowing private section 638.51 claims tied to website, online-application and mobile-application conduct. | The enacted text and the exact conduct alleged. |
| Claims commenced on or after January 1, 2025 | The September 2026 analysis describes limited retroactive treatment for certain pending claims. | Whether the action is pending and falls within the statute’s transition language; do not assume every case qualifies. |
The dates describe the reported statutory framework, not a prediction about an individual lawsuit. Courts may issue orders interpreting the transition rule, and a case can involve claims that are not affected by the section 638.51 change.
Can websites still track visitors in California?
Yes. SB 690 does not prohibit websites or apps from using analytics, advertising, support or personalization technologies. It changes the availability of one private CIPA claim, not the technical ability to collect or transmit data. Whether a particular practice is lawful remains fact-specific and can involve CIPA, the CCPA, other California statutes, federal law, contractual commitments, platform rules and court decisions.
Visitors may still encounter first-party and third-party code that runs when a page opens, a feature is used or a message is sent. The code may send identifiers, device information, page events, search terms, form interactions or communications to a service provider. The existence of a script does not by itself prove unlawful interception, and the absence of a visible script does not prove that no data is transmitted.
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Questions that determine the legal analysis
- Which CIPA section is asserted? A section 638.51 theory is different from a section 631 or 632 theory.
- When did the conduct and lawsuit occur? January 1, 2027 is the reported operative date, while the described transition rule refers to some claims commenced on or after January 1, 2025.
- What does the technology actually transmit? A page-view event, a persistent identifier, a typed message and a recorded communication may raise different issues.
- Who receives the information? The operator, an analytics vendor, an advertising service or a support provider may have different roles.
- What did the visitor know or agree to? Notices, consent controls, browser signals and the timing of any data transfer can be relevant, although a notice is not automatically a complete defense.
- Is the data personal information under another law? CCPA rights can apply independently of a CIPA claim.
How the update affects common tracking technologies
Tracking pixels
A tracking pixel is a small image request or equivalent event that can notify another server when a page, email or feature is viewed. Disputes may focus on the fields included in the request, whether an identifier links the event to a person, and whether the recipient can observe communications or behavior beyond what the operator itself sees. SB 690 does not announce that all pixels are lawful or unlawful; it changes the private-enforcement landscape for the covered section 638.51 theory.
Analytics and advertising scripts
Analytics code commonly records events such as page views, clicks, navigation paths, device characteristics and campaign attribution. Advertising code may add identifiers or share events with other companies. The legal question cannot be answered from the word “analytics” or “advertising” alone. Configuration, data fields, disclosures, consent and the asserted statute must be examined.
Chat widgets and chatbots
A support widget can transmit typed messages, metadata and interaction events to a service provider. If a dispute concerns the content of a communication, the parties to that communication and the way the provider receives or uses it may be important. Section 638.51’s reported change does not resolve every possible section 631 or 632 allegation involving a chat feature.
Session replay
Session-replay systems can generate a playback-like record of clicks, pointer movements, scrolling and form interactions. Some systems mask fields; others may capture more detail depending on settings. Courts have reached different results in session-replay disputes, so the name of a vendor or product is not enough to predict an outcome. The relevant evidence includes the deployed settings, the exact data stream and the legal theory pleaded.
California privacy rights that continue under the CCPA
The California Attorney General’s CCPA overview, updated August 28, 2026, describes rights separate from the CIPA amendment. Depending on the business and information involved, California consumers can:
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- Ask what personal information a business collects, uses or discloses.
- Request deletion of personal information, subject to statutory exceptions.
- Opt out of the sale or sharing of personal information, including through the Global Privacy Control for covered uses.
- Receive equal treatment for exercising CCPA rights, without unlawful discrimination.
These rights do not depend on proving that a website committed wiretapping. A person may have a CCPA request even when no CIPA lawsuit is available, and a CIPA theory may raise questions that a standard access or deletion request does not answer. The CCPA also contains exceptions, thresholds and response rules, so the Attorney General’s current guidance and the business’s privacy notice should be consulted for a specific request.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What visitors can do now
1. Record the facts without assuming the legal conclusion
Note the website or app, the date and time, the page or feature used, whether you were signed in, what information you entered and any consent or privacy controls shown. Keep screenshots of relevant notices and settings. This creates a factual record without labeling the conduct as illegal.
2. Review the privacy controls available to you
Check the service’s privacy settings, cookie controls and opt-out mechanisms. If you use Global Privacy Control, verify whether the browser or extension is transmitting the signal and whether the business states how it honors it. An opt-out may limit sale or sharing but does not necessarily stop every first-party operational event.
3. Make a CCPA request when appropriate
Use the business’s listed method to request access, deletion or an opt-out. Describe the account, device or identifier needed to locate the information, while avoiding unnecessary sensitive data. Businesses may need to verify identity and may deny or limit requests under an exception.
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4. Preserve technical evidence
If a dispute is serious, save browser developer-tool logs, network-request details, app permission screens and relevant policy versions when you can do so lawfully. A qualified lawyer can determine what evidence matters and whether collection or recording raises a viable claim.
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5. Get fact-specific legal advice for a dispute
The reported SB 690 transition rules and the distinction among sections 638.51, 631 and 632 make timing and pleading important. A general article cannot determine whether an individual case is barred, preserved or viable.
How to read headlines about “website wiretapping” after SB 690
Headlines may use “wiretapping” as shorthand for a group of lawsuits involving online tracking. Read past that shorthand and identify the statute. Ask whether the story concerns private enforcement under section 638.51, a section 631 or 632 theory, a CCPA issue or another legal claim. Then check the conduct date, lawsuit filing date and technology involved.
Statements such as “California ended website wiretapping lawsuits” or “tracking is now legal” are too broad. The reported amendment closes or narrows one private route for a defined category of website and app claims. It does not decide every claim, every technology or every consumer-rights question.
Bottom line for website and app users
SB 690 is reported to take effect January 1, 2027 and to restrict private CIPA section 638.51 pen-register and trap-and-trace claims arising from website, online-application and mobile-application conduct, with limited retroactive treatment for some pending claims filed on or after January 1, 2025. Sections 631 and 632 reportedly remain available, courts have differed over tracking technologies, and the CCPA’s consumer rights continue separately. Visitors should therefore treat the change as a procedural and enforcement adjustment—not permission for unrestricted tracking—and evaluate any real dispute by its statute, dates, data flows and facts.
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