NY State Senate Bill 2017-S8561

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to consumer protection

co-Sponsors

2017-S8561 (ACTIVE) - Details

See Assembly Version of this Bill:: A724
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 32-A §676, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8718
2019-2020: S4012, A5306
2021-2022: S3589, A4855
2023-2024: S1298, A5468

2017-S8561 (ACTIVE) - Summary

Relates to the use of voice recognition features on certain products.

2017-S8561 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8561

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the general business law, in relation
to the use of voice recognition features

 
PURPOSE:

To regulate voice recognition features in Internet-connected devices.
As technology continues to evolve, it is important that customers are
informed that their privacy may be violated.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the general business law by adding a new
article 32-a to regulate voice recognition features.

Specifically, it would set forth definitions to be used in this section
and would require that device users be notified that they are using
voice recognition features on their connected devices.  Recordings
collected by manufacturers or by third parties through voice recognition

features would be prohibited from being sold or used for advertising
purposes. The Attorney General is authorized to bring an action for any
violation of this section.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Companies that manufacture internet-capable devices such as cell phones
and televisions may record a user's voice without an individual's
consent if the product contains voice recognition software. Manufactur-
ers should not be allowed to sell such voice recordings for a profit or
use them for advertising purposes. Similar consumer protection legis-
lation has been enacted in California to outlaw this practice.

Under this legislation, manufacturers of smart TVs and other electronic
devices would be required to inform customers about the voice-recogni-
tion features during initial device setup or installation. The sale or
use of any speech captured by voice-recognition technology for sale for
profit or for advertising purposes would be barred. Enforcement would be
through the Office of the Attorney General.

The legislation limits manufacturer liability to the functionality
available at the point of sale, so that any applications installed or
downloaded by a customer after sale would not be covered under this
bill.

 
LEGISLATIVE HISTORY:

None. This is a new legislation in 2018.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Takes effect one hundred and twenty days after it become law.

2017-S8561 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8561
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in  relation  to  the  use  of
   voice recognition features
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 32-A to read as follows:
                               ARTICLE 32-A
                        VOICE RECOGNITION FEATURES
 SECTION 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS.
   § 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS. 1. FOR  PURPOSES
 OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (A)  "CONNECTED DEVICE" SHALL MEAN A TELEVISION, VIDEO GAME CONSOLE AS
 DEFINED IN SECTION THREE HUNDRED NINETY-SIX-KK OF THIS CHAPTER, COMPUTER
 AS DEFINED IN  SECTION  THREE  HUNDRED  NINETY-TWO-A  OF  THIS  CHAPTER,
 COMPUTER  ACCESSORY  AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF
 THIS CHAPTER, INTERNET-CAPABLE DEVICE AS DEFINED IN SECTION FIVE HUNDRED
 THIRTY-EIGHT-B OF THIS CHAPTER, OR A TOY AS DEFINED IN PARAGRAPH (D)  OF
 THIS SUBDIVISION.
   (B)  "USER"  MEANS A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR TAKES
 OWNERSHIP OF A CONNECTED DEVICE. A PERSON WHO IS  INCIDENTALLY  RECORDED
 WHEN  A  VOICE  RECOGNITION  FEATURE IS ACTIVATED BY A USER SHALL NOT BE
 DEEMED TO BE A USER.
   (C) "VOICE RECOGNITION FEATURE" MEANS  THE  FUNCTION  OF  A  CONNECTED
 DEVICE  THAT ALLOWS THE COLLECTION, RECORDING, STORAGE, ANALYSIS, TRANS-
 MISSION, INTERPRETATION, OR OTHER USE OF SPOKEN WORDS OR OTHER SOUNDS.
   (D) "TOY" MEANS ANY PRODUCT DESIGNED OR INTENDED BY  THE  MANUFACTURER
 TO BE USED BY CHILDREN OR ADULTS FOR AMUSEMENT OR PLAY.
   2.  (A)  A PERSON OR ENTITY SHALL NOT PROVIDE THE OPERATION OF A VOICE
 RECOGNITION FEATURE WITHIN THIS  STATE  WITHOUT  PROMINENTLY  INFORMING,
 DURING  THE  INITIAL SETUP OR INSTALLATION OF A CONNECTED DEVICE, EITHER
 THE USER OR THE PERSON DESIGNATED BY THE USER  TO  PERFORM  THE  INITIAL
 SETUP  OR  INSTALLATION  OF THE CONNECTED DEVICE OF THE FUNCTIONS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03763-05-8

 S. 8561                             2
 
 DEVICE, THAT THE DEVICE MAY BE RECORDING THE USER, AND THAT  THE  ENTITY
 THAT MAKES THE DEVICE MAY BE RETAINING SUCH RECORDINGS.
   (B) ANY RECORDINGS COLLECTED THROUGH THE OPERATION OF A VOICE RECOGNI-
 TION FEATURE BY THE MANUFACTURER OF A CONNECTED DEVICE SHALL NOT BE SOLD
 OR USED FOR ANY ADVERTISING PURPOSES.
   (C) ANY RECORDINGS COLLECTED THROUGH THE OPERATION OF A VOICE RECOGNI-
 TION  FEATURE  BY  A  THIRD PARTY CONTRACTING WITH THE MANUFACTURER OF A
 CONNECTED DEVICE SHALL NOT BE SOLD OR USED FOR ANY ADVERTISING PURPOSES.
   (D) THE MANUFACTURER OF A CONNECTED DEVICE SHALL  NOT  BE  LIABLE  FOR
 FUNCTIONALITY PROVIDED BY THIRD PARTY APPLICATIONS THAT THE USER CHOOSES
 TO USE OR ARE DOWNLOADED AND INSTALLED BY A USER.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE DISCLOSURE
 OF ANY RECORDINGS RETAINED BY THE  MANUFACTURER  TO  ANY  INDIVIDUAL  OR
 ENTITY, INCLUDING A LAW ENFORCEMENT AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 AGENT  OF SUCH AGENCY, UNLESS OTHERWISE AUTHORIZED BY LAW OR PURSUANT TO
 A JUDICIAL ORDER.
   4. (A) WHENEVER THE  ATTORNEY  GENERAL  SHALL  BELIEVE  FROM  EVIDENCE
 SATISFACTORY TO HIM OR HER THAT THERE IS A VIOLATION OF THIS SECTION, HE
 OR  SHE  MAY  BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE OF
 THE STATE OF NEW YORK, IN A COURT OF COMPETENT  JURISDICTION  TO  ENJOIN
 AND RESTRAIN THE CONTINUATION OF SUCH VIOLATION. IN SUCH ACTION, PRELIM-
 INARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRAC-
 TICE  LAW  AND  RULES.   IN SUCH ACTION, THE COURT MAY AWARD DAMAGES FOR
 ACTUAL COSTS OR LOSSES INCURRED BY THE CONSUMER.    WHENEVER  THE  COURT
 SHALL  DETERMINE  IN SUCH ACTION THAT A PERSON OR BUSINESS VIOLATED THIS
 SECTION, THE COURT MAY IMPOSE A  CIVIL  PENALTY  OF  TWO  THOUSAND  FIVE
 HUNDRED DOLLARS PER VIOLATION.
   (B)  THE REMEDIES PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO
 ANY OTHER LAWFUL REMEDY AVAILABLE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S8561

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2017-S8561 (ACTIVE) - Details

2017-S8561 (ACTIVE) - Summary

2017-S8561 (ACTIVE) - Sponsor Memo

2017-S8561 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8561

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Martin J. Golden

2017-S8561 (ACTIVE) - Details

2017-S8561 (ACTIVE) - Summary

2017-S8561 (ACTIVE) - Sponsor Memo

2017-S8561 (ACTIVE) - Bill Text download pdf

Comments