S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4561
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and  the  civil  practice  law  and
   rules, in relation to creating the right to be forgotten act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 50-f to read as follows:
   §  50-F.  RIGHT TO BE FORGOTTEN ACT. 1. UPON THE REQUEST FROM AN INDI-
 VIDUAL, ALL SEARCH ENGINES, INDEXERS, PUBLISHERS AND ANY  OTHER  PERSONS
 OR  ENTITIES  THAT  MAKE  AVAILABLE, ON OR THROUGH THE INTERNET OR OTHER
 WIDELY USED COMPUTER-BASED  NETWORK,  PROGRAM  OR  SERVICE,  INFORMATION
 ABOUT  THE  REQUESTER,  SHALL  REMOVE INFORMATION, ARTICLES, IDENTIFYING
 INFORMATION AND OTHER  CONTENT  ABOUT  SUCH  INDIVIDUAL,  AND  LINKS  OR
 INDEXES  TO ANY OF THE SAME, THAT IS "INACCURATE", "IRRELEVANT", "INADE-
 QUATE" OR "EXCESSIVE" WITHIN THIRTY DAYS OF SUCH  REQUEST,  AND  WITHOUT
 REPLACING   SUCH  REMOVED  INFORMATION,  ARTICLE  OR  CONTENT  WITH  ANY
 DISCLAIMER, TAKEDOWN NOTICE, HYPERLINK,  OR  OTHER  REPLACEMENT  NOTICE,
 INFORMATION  OR  CONTENT, OR COOPERATING WITH ANY OTHER PERSON OR ENTITY
 WHO DOES ANY OF THE FOREGOING. FOR PURPOSES OF  THIS  SECTION,  "INACCU-
 RATE",  "IRRELEVANT",  "INADEQUATE",  OR "EXCESSIVE" SHALL MEAN CONTENT,
 WHICH AFTER A SIGNIFICANT LAPSE IN TIME FROM ITS FIRST  PUBLICATION,  IS
 NO  LONGER  MATERIAL  TO  CURRENT PUBLIC DEBATE OR DISCOURSE, ESPECIALLY
 WHEN CONSIDERED IN LIGHT OF THE FINANCIAL,  REPUTATIONAL  AND/OR  DEMON-
 STRABLE  OTHER  HARM  THAT  THE INFORMATION, ARTICLE OR OTHER CONTENT IS
 CAUSING TO THE  REQUESTER'S  PROFESSIONAL,  FINANCIAL,  REPUTATIONAL  OR
 OTHER INTEREST, WITH THE EXCEPTION OF CONTENT RELATED TO CONVICTED FELO-
 NIES, LEGAL MATTERS RELATING TO VIOLENCE, OR A MATTER THAT IS OF SIGNIF-
 ICANT CURRENT PUBLIC INTEREST, AND AS TO WHICH THE REQUESTER'S ROLE WITH
 REGARD TO THE MATTER IS CENTRAL AND SUBSTANTIAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09707-01-7
              

 S. 4561                             2
 
   2. SEARCH ENGINES, INDEXERS, PUBLISHERS AND ANY OTHER PERSONS OR ENTI-
 TIES  THAT  MAKE  AVAILABLE, ON THE INTERNET OR OTHER WIDELY USED COMPU-
 TER-BASED NETWORK, PROGRAM  OR  SERVICE,  CONTENT  ABOUT  AN  INDIVIDUAL
 WHICH,  WITHIN  THIRTY  DAYS AFTER RECEIVING A REMOVAL REQUEST, HAVE NOT
 REMOVED ALL REQUESTED INFORMATION AND CONTENT THAT IS INACCURATE, IRREL-
 EVANT,  INADEQUATE  OR  EXCESSIVE,  AND  WITHOUT  REPLACING SUCH REMOVED
 INFORMATION OR CONTENT WITH ANY DISCLAIMER, TAKEDOWN NOTICE,  HYPERLINK,
 OR OTHER REPLACEMENT NOTICE, INFORMATION OR CONTENT, OR COOPERATING WITH
 ANY  OTHER  PERSON  OR  ENTITY  WHO  DOES ANY OF THE FOREGOING, SHALL BE
 SUBJECT TO, AS ADMINISTERED BY THE SECRETARY OF STATE, EITHER AN  ACTION
 FOR  ACTUAL  MONETARY LOSS FOR EACH SUCH VIOLATION, OR STATUTORY DAMAGES
 IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS AFTER  SUCH  REMOVAL  REQUEST
 FOR  EACH  DAY  OF  SUCH VIOLATION, WHICHEVER IS GREATER. IN ADDITION TO
 SUCH PENALTY, ANY SUCH PARTY WHO DOES NOT TIMELY REMOVE ANY SUCH  INFOR-
 MATION,  ARTICLE,  CONTENT, LINKS OR INDEXES ALSO SHALL BE LIABLE TO AND
 SHALL PAY TO THE  REQUESTER  ANY  AND  ALL  COSTS  AND  ATTORNEY'S  FEES
 INCURRED WHILE ENFORCING HIS OR HER RIGHTS UNDER THIS ACT.
   3.  THE  SECRETARY  OF  STATE  SHALL OVERSEE ALL RIGHT TO BE FORGOTTEN
 REQUESTS, FILINGS, TAKEDOWNS AND IF  APPLICABLE,  ANY  PENALTIES,  JUDG-
 MENTS, COSTS AND/OR ATTORNEY'S FEES.
   §  2. Subdivision 3 of section 215 of the civil practice law and rules
 is amended and a new subdivision 9 is added to read as follows:
   3. an action to recover damages for assault, battery, false  imprison-
 ment, malicious prosecution, libel, EXCEPT LIBEL AS DEFINED UNDER SUBDI-
 VISION  NINE  OF  THIS  SECTION,  slander,  false  words causing special
 damages, or a violation of the right of privacy under section  fifty-one
 of the civil rights law;
   9. AN ACTION FOR LIBEL FOR PUBLICATIONS ON THE INTERNET OR OTHER WIDE-
 LY USED COMPUTER-BASED NETWORK, PROGRAM OR SERVICE. THE STATUTE OF LIMI-
 TATIONS  SHALL  BEGIN  TO  ACCRUE WHEN THE INFORMATION, ARTICLE OR OTHER
 CONTENT IS COMPLETELY REMOVED FROM THE INTERNET  OR  OTHER  WIDELY  USED
 COMPUTER-BASED  NETWORK,  PROGRAM OR SERVICE, REGARDLESS OF WHETHER SUCH
 CONTENT ALSO WAS OR IS PUBLISHED ELSEWHERE, AND REGARDLESS OF WHEN  SUCH
 CONTENT WAS FIRST PUBLISHED ON THE INTERNET OR OTHERWISE.
   §  3.  Each  and all of the sections and provisions of this act, shall
 apply to all articles and other content that either is  presently  being
 made  available  on  the  internet,  or other widely used computer-based
 network, program or service, regardless of when such articles and  other
 content  was  first  so or otherwise posted, published or otherwise made
 available, or is so made available at a future date, and  regardless  of
 whether the respondent search engine, indexer, publisher or other person
 or  entity  is  located  within  or without the state of New York or the
 United States of America, to the fullest extent permitted by the  United
 States Constitution.
   § 4. This act shall take effect immediately.