S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5306
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, ORTIZ, ZEBROWSKI, WALLACE, WILLIAMS,
   GLICK, GALEF, D'URSO, BLAKE, SANTABARBARA,  MONTESANO  --  Multi-Spon-
   sored by -- M. of A.  ENGLEBRIGHT, FRIEND, M. L. MILLER, SIMON -- read
   once and referred to the Committee on Consumer Affairs and 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06436-01-9

 A. 5306                             2
 
   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
 DEVICE, THAT THE DEVICE MAY BE RECORDING THE USER, AND THAT  THE  ENTITY
 THAT MAKES THE DEVICE MAY BE RETAINING THESE 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.