S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4137
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. LAVINE, TAYLOR, DARLING, FERNANDEZ, JACOBSON,
   GLICK, BENEDETTO, EPSTEIN,  L. ROSENTHAL,  SIMON,  HUNTER,  GOTTFRIED,
   CAHILL,  BYRNES,  DeSTEFANO, NORRIS, SMULLEN -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02806-01-1

 A. 4137                             2
 
   (D) "USER" MEANS A PERSON WHO ORIGINALLY PURCHASES, LEASES,  OR  TAKES
 OWNERSHIP  OF  A  CONNECTED  TELEVISION OR OTHER CONNECTED DEVICE WITH A
 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-

 A. 4137                             3

 NEY GENERAL. THIS SECTION SHALL NOT BE DEEMED TO CREATE A PRIVATE  RIGHT
 OF ACTION, OR LIMIT ANY EXISTING PRIVATE RIGHT OF ACTION.
   (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.