S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8113
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2019
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   manufacturers of smart speakers to obtain permission from users before
   storing recordings

   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 section
 349-b-2 to read as follows:
   §  349-B-2.  RECORDINGS BY SMART SPEAKERS. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONNECTED TELEVISION" MEANS A VIDEO DEVICE DESIGNED FOR HOME  USE
 TO  RECEIVE    TELEVISION SIGNALS AND REPRODUCE SUCH SIGNALS ON AN INTE-
 GRATED, PHYSICAL SCREEN DISPLAY THAT EXCEEDS TWELVE INCHES, EXCEPT  THAT
 THIS  TERM  SHALL NOT INCLUDE A PERSONAL COMPUTER, PORTABLE DEVICE, OR A
 SEPARATE DEVICE THAT CONNECTS PHYSICALLY OR WIRELESSLY TO A  TELEVISION,
 INCLUDING,  BUT  NOT  LIMITED  TO, A SET-TOP BOX, VIDEO GAME CONSOLE, OR
 DIGITAL VIDEO RECORDER.
   (B) "OTHER CONNECTED DEVICE WITH A VOICE  RECOGNITION  FEATURE"  MEANS
 ANY DEVICE EQUIPPED WITH A VOICE RECOGNITION FEATURE SOLD IN THIS STATE,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A WIRELESS SPEAKER AND VOICE COMMAND
 DEVICE SOLD IN THIS STATE WITH  AN  INTEGRATED  VIRTUAL  ASSISTANT  THAT
 OFFERS  INTERACTIVE  ACTIONS  AND  HANDS-FREE  ACTIVATION, OR A CELLULAR
 TELEPHONE, TABLET, OR OTHER DEVICE SOLD IN THIS STATE WITH AN INTEGRATED
 VIRTUAL ASSISTANT THAT OFFERS  INTERACTIVE ACTIONS AND HANDS-FREE  ACTI-
 VATION.
   (C)  "RETAINED"  MEANS SAVING, STORING, OR BOTH OF VOICE RECORDED DATA
 LONGER THAN THE MINIMUM TIME NECESSARY TO COMPLETE A  REQUESTED  COMMAND
 BY THE USER.
   (D)  "USER"  MEANS A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR TAKES
 OWNERSHIP OF A CONNECTED TELEVISION OR OTHER  CONNECTED  DEVICE  WITH  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13112-01-9

 A. 8113                             2
 
 VOICE  RECOGNITION  FEATURE OR ANOTHER PERSON DESIGNATED BY SUCH USER TO
 PERFORM THE INITIAL SETUP OR INSTALLATION OF SUCH  CONNECTED  TELEVISION
 OR  OTHER 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.
   (E) "VOICE RECOGNITION FEATURE" MEANS  THE  FUNCTION  OF  A  CONNECTED
 TELEVISION  OR  OTHER  CONNECTED DEVICE WITH A VOICE RECOGNITION FEATURE
 THAT ALLOWS THE COLLECTION, RECORDING, STORAGE, ANALYSIS,  TRANSMISSION,
 INTERPRETATION,  OR  OTHER  USE  OF SPOKEN WORDS OR OTHER SOUNDS, EXCEPT
 THAT THIS TERM SHALL NOT INCLUDE VOICE COMMANDS THAT ARE NOT RECORDED OR
 TRANSMITTED BEYOND THE CONNECTED TELEVISION OR  OTHER  CONNECTED  DEVICE
 WITH A VOICE RECOGNITION FEATURE.
   (F)  "VOICE RECORDED DATA" MEANS AUDIO RECORDINGS OR TRANSCRIPTIONS OF
 SUCH RECORDINGS COLLECTED THROUGH THE OPERATION OF A  VOICE  RECOGNITION
 FEATURE BY THE MANUFACTURER OF A CONNECTED TELEVISION OR OTHER CONNECTED
 DEVICE WITH A VOICE RECOGNITION FEATURE.
   2.  (A)  NO  PERSON  OR  ENTITY SHALL PROVIDE THE OPERATION OF A VOICE
 RECOGNITION FEATURE WITHIN THIS  STATE  WITHOUT  PROMINENTLY  INFORMING,
 DURING  THE  INITIAL  SETUP OR INSTALLATION OF A CONNECTED TELEVISION OR
 OTHER CONNECTED DEVICE WITH A VOICE RECOGNITION FEATURE, EITHER THE USER
 OR THE PERSON DESIGNATED BY SUCH USER TO PERFORM THE  INITIAL  SETUP  OR
 INSTALLATION OF SUCH CONNECTED TELEVISION OR OTHER CONNECTED DEVICE WITH
 A VOICE RECOGNITION FEATURE OF SUCH VOICE RECOGNITION FEATURE.
   (B)  ANY  ACTUAL  RECORDINGS  OR  TRANSCRIPTIONS COLLECTED THROUGH THE
 OPERATION OF A   VOICE RECOGNITION FEATURE  BY  THE  MANUFACTURER  OF  A
 CONNECTED TELEVISION OR OTHER CONNECTED  DEVICE WITH A VOICE RECOGNITION
 FEATURE  FOR  THE  PURPOSE  OF IMPROVING THE VOICE RECOGNITION  FEATURE,
 INCLUDING, BUT NOT LIMITED TO,  THE  OPERATION  OF  AN  ACCESSIBLE  USER
 INTERFACE FOR PEOPLE WITH DISABILITIES, SHALL NOT BE USED FOR ANY ADVER-
 TISING  PURPOSE, RETAINED, OR SHARED WITH, OR SOLD TO, A THIRD PARTY, OR
 BOTH SHARED WITH, AND SOLD TO, A THIRD  PARTY,  UNLESS  THE  USER  FIRST
 PROVIDES AFFIRMATIVE WRITTEN OR ELECTRONIC CONSENT.
   (C)  ANY  ACTUAL  RECORDINGS  OR  TRANSCRIPTIONS COLLECTED THROUGH THE
 OPERATION OF A VOICE RECOGNITION FEATURE BY A  THIRD  PARTY  CONTRACTING
 WITH  A  MANUFACTURER FOR THE PURPOSE OF IMPROVING THE VOICE RECOGNITION
 FEATURE, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF  AN  ACCESSIBLE
 USER  INTERFACE  FOR PEOPLE WITH DISABILITIES, SHALL NOT BE USED FOR ANY
 ADVERTISING PURPOSE, RETAINED, OR SHARED  WITH,  OR  SOLD  TO,  A  THIRD
 PARTY,  OR BOTH SHARED WITH, AND SOLD TO, A THIRD PARTY, UNLESS THE USER
 FIRST PROVIDES AFFIRMATIVE WRITTEN OR ELECTRONIC CONSENT.
   (D) NO PERSON OR ENTITY SHALL COMPEL A MANUFACTURER  OR  OTHER  ENTITY
 PROVIDING THE OPERATION OF A VOICE RECOGNITION FEATURE TO BUILD SPECIFIC
 FEATURES FOR THE PURPOSE OF ALLOWING AN INVESTIGATIVE OR LAW ENFORCEMENT
 OFFICER TO MONITOR COMMUNICATIONS THROUGH THAT FEATURE.
   (E)  A MANUFACTURER SHALL ONLY BE LIABLE FOR FUNCTIONALITY PROVIDED AT
 THE TIME OF THE   ORIGINAL SALE  OF  A  CONNECTED  TELEVISION  OR  OTHER
 CONNECTED  DEVICE  WITH  A  VOICE  RECOGNITION  FEATURE AND SHALL NOT BE
 LIABLE FOR FUNCTIONALITY PROVIDED BY APPLICATIONS THAT THE USER  CHOOSES
 TO DOWNLOAD AND INSTALL OR WHICH ARE MAINTAINED AND CONTROLLED AT ANOTH-
 ER LOCATION BY THIRD PARTY SERVERS.
   3.  (A)  ACTIONS FOR RELIEF PURSUANT TO THIS SECTION MAY BE PROSECUTED
 EXCLUSIVELY IN A COURT OF  COMPETENT  JURISDICTION  IN  A  CIVIL  ACTION
 BROUGHT IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK BY THE ATTOR-
 NEY  GENERAL. THIS SECTION SHALL NOT BE DEEMED TO CREATE A PRIVATE RIGHT
 OF ACTION, OR LIMIT ANY EXISTING PRIVATE RIGHT OF ACTION.

 A. 8113                             3
 
   (B) A COURT OF COMPETENT JURISDICTION MAY ENJOIN ANY PERSON OR  ENTITY
 WHO  KNOWINGLY  ENGAGES,  HAS  ENGAGED,  OR  PROPOSES  TO  ENGAGE,  IN A
 VIOLATION OF THIS SECTION. SUCH  COURT MAY MAKE ANY ORDERS OR  JUDGMENTS
 AS MAY BE NECESSARY TO PREVENT A VIOLATION OF THIS SECTION.
   (C)  A  PERSON  WHO  KNOWINGLY  ENGAGES,  HAS  ENGAGED, OR PROPOSES TO
 ENGAGE, IN A VIOLATION OF THIS SECTION  SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  NOT  TO  EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS FOR EACH
 CONNECTED TELEVISION OR OTHER CONNECTED DEVICE WITH A VOICE  RECOGNITION
 FEATURE SOLD OR LEASED IN VIOLATION OF THIS SECTION.
   § 2. This act shall take effect immediately.