NY State Senate Bill 2019-S4012

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Feb 25, 2019	referred to consumer protection

2019-S4012 (ACTIVE) - Details

See Assembly Version of this Bill:: A5306
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
2017-2018: S6116, S8561, A724
2021-2022: S3589, A4855
2023-2024: S1298, A5468

2019-S4012 (ACTIVE) - Summary

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

2019-S4012 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4012

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the general business law, in relation to the use of
voice recognition features

 
PURPOSE:

This bill would regulate voice recognition features in Internet-connect-
ed devices

 
SUMMARY OF PROVISIONS:

Section 1 adds a new article 32-a to the general business law to regu-
late voice recognition features. Subdivision 1 of section 676 sets forth
definitions to be used in the section. Paragraph (a) of subdivision 2
will require users be notified that they are using voice recognition
features on their connected devices. Paragraph (b) states that
recordings of spoken word collected by the manufacturer through voice

recognition features shall not be sold or used for advertising purposes.
Paragraph (c) states that recordings of spoken word collected by a third
party through voice recognition features shall not be sold or used for
advertising purposes. Paragraph (d) states that the manufacturer shall
not be liable for functionality provided by third party applications
that the user chooses to download.  Subdivision 3 states that this shall
not be construed to authorize disclosure of any recordings retained by
the manufacturer.  Subdivision 4 allows the Attorney General to bring an
action if he or she believes there is a violation of this section.

Section 2 is the effective date.

 
JUSTIFICATION:

Companies that manufacture internet-capable devices like cell phones and
televisions may record a user's voice without an individual's consent if
the product has voice recognition software. Manufacturers should not be
able to sell these recordings for a profit or use them for advertising
purposes. California has enacted similar legislation to curb this prac-
tice on internet capable televisions. As technology continues to
progress, it is important that customers are aware that their privacy
may be violated.

 
LEGISLATIVE HISTORY:

2017-18: A724B Passed Assembly/S8561 referred to Consumer Affairs
2016: A8718B reported to Rules/S7923 referred to Consumer Affairs

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S4012 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4012
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06436-01-9

 S. 4012                             2
 
 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.

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Senate Bill S4012

Sponsored By

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

2019-S4012 (ACTIVE) - Details

2019-S4012 (ACTIVE) - Summary

2019-S4012 (ACTIVE) - Sponsor Memo

2019-S4012 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4012

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Sponsored By

David Carlucci

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

2019-S4012 (ACTIVE) - Details

2019-S4012 (ACTIVE) - Summary

2019-S4012 (ACTIVE) - Sponsor Memo

2019-S4012 (ACTIVE) - Bill Text download pdf

Comments