This happened at Souza Rock, off the Central California Coast. The whales are humpbacks, which eat krim, shrimp, small fish, and not people. One of the divers, Shawn Stamback, said that when he and his partner entered the water, the whales were a quarter of a mile away. GrindTV quotes Monica DeAngelis, a mammal expert with the National Marine Fisheries Service, who "said she could not say based on the video whether the divers were violating the Marine Mammal Protection Act, which bans harassment or the altering of mammal behavior."
“[But] they certainly are lucky no one got hurt,” she said. “In addition, they were clearly closer than the recommended guidelines.”
Stamback says he thinks the whales intentionally avoided him. He's probably right. Whales are that awesome. I bet if the whales had swallowed these guys, they would have forced them out through their blowholes, following up the comfort of a wet sea hug with a free thrill ride.