senate Bill S1060

Relates to offering parental controls for internet services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 04 / Jan / 2012
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS

Summary

Relates to offering parental controls for internet services; allows the attorney general to bring a civil action against any internet provider that violates certain requirements.

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Bill Details

See Assembly Version of this Bill:
A6183
Versions:
S1060
Legislative Cycle:
2011-2012
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add Art 12 §§300 - 302, Pub Serv L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5171, A625A
2007-2008: A10692B

Sponsor Memo

BILL NUMBER:S1060

TITLE OF BILL:
An act to amend the public service law, in relation to offering parental
controls for internet services

PURPOSE:
Would require Internet access providers
provide "parental controls" products to parents in order to make sure
children can safely and securely use the Internet.

SUMMARY OF PROVISIONS:
Section 1 amends the Public
Service Law by adding a new Article 12 that includes the following
provisions.

§ 300. Definitions, This section defines "child," "Internet or any other
computer network," "Internet access provider," and "interactive computer
service."

§ 301. Parental controls. This section requires all Internet access
providers to offer products or services allowing parents to control
their child's use of the Internet. The products and services must allow
parents the ability to block access to specific websites or domains;
restrict a child's access to specific websites that are approved by the
parents; and allow the parents to monitor a child's use of the Internet.

The bill provides an exception for certain types of wireless services
providers for which parental control technology may not yet be
available; the bill requires such providers to offer parental control
technology when it is reasonably and commercially available.

§ 302. Enforcement. This section authorizes the Attorney General to
bring a civil action against any Internet access provider that violates
this article to enjoin the violation and to recover up to one hundred
dollars per violation, or up to one thousand dollars for a pattern or
practice of such violations.

Section 2 is the effective date.

JUSTIFICATION:
Cyberspace is the new playground for
young people to meet and congregate. However, it is a place that can
possess the same problems that exist on traditional playgrounds, such as
bullying (or "cyberbullying"). There are numerous examples where
children have been exposed to real danger on the Internet. In many
instances, young people engage in conversations in chat rooms, talk with
others on social networking websites, and visit web pages, not
suspecting that the individual on the other end may not have the best
intentions. The results can be tragic, or unsettling.

Physical danger is not the only peril that young people face on the
Internet. Young people can access inappropriate information and sites,
such as violent and pornographic images and gambling sites, "term-paper
mill" sites, mp3 download sites, and a variety of legal content that
parents may not wish their children to encounter. Further, the Internet


easily allows young people to be defrauded when filling out information
on Internet and other forms that could result in identity theft.

As a community, and as parents, we need to make certain that our
children can access the Internet in a safe and secure way. Therefore, it
is critical that parents are offered easy access to, and are made aware
of, "parental controls" software so that they can block certain websites
and monitor a young person's use of the Internet.

This bill requires that Internet access providers offer such services.
In many cases, Internet access providers do. However, it is imperative
that all providers offer parents the service. Furthermore, this bill
does not mandate parents use parental controls. It simply requires that
the services are offered.

Other states have introduced similar legislation. For example, the
Legislature in the state of Georgia introduced legislation that included
parental controls (see Senate bill 474 at § 39-5-2).

This carefully constructed bill will make sure all Internet access
providers offer parental controls, so we can collectively protect our
children on the Internet.

LEGISLATIVE HISTORY:
2009-10: S.5171/A.625A - Referred to Rules
2008-09: S.7353B/A.10692B - Rules

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th
day after is shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1060

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER, KRUGER, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and Telecommunications

AN ACT to amend the public service law, in relation to offering parental
  controls for internet services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  article
12 to read as follows:
                               ARTICLE 12
                       INTERNET PARENTAL CONTROLS
SECTION 300. DEFINITIONS.
        301. PARENTAL CONTROLS.
        302. ENFORCEMENT.
  S 300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "CHILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
  2. "INTERNET OR ANY OTHER COMPUTER NETWORK" MEANS THE COMPUTER NETWORK
COMMONLY  KNOWN  AS THE INTERNET AND ANY OTHER LOCAL, REGIONAL OR GLOBAL
COMPUTER NETWORK THAT IS SIMILAR TO OR IS A PREDECESSOR OR SUCCESSOR  OF
THE INTERNET.
  3.  "INTERNET ACCESS PROVIDER" MEANS AN ENTITY THAT PROVIDES CONSUMERS
WITH PUBLIC ACCESS TO THE INTERNET.
  4. "INTERACTIVE  COMPUTER  SERVICE"  MEANS  ANY  INFORMATION  SERVICE,
SYSTEM,  OR  ACCESS  SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER
ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY  A
SERVICE  OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SUCH SYSTEMS
OPERATED OR SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
  S 301. PARENTAL CONTROLS. 1. IF AN INTERNET ACCESS PROVIDER  KNOWS  OR
HAS  REASON  TO  KNOW  FROM  REGISTRATION  DATA IN ITS POSSESSION THAT A
SUBSCRIBER CURRENTLY RESIDES WITHIN THIS STATE, THE PROVIDER SHALL  MAKE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-01-1

S. 1060                             2

AVAILABLE  TO  THE  SUBSCRIBER  A  PRODUCT OR SERVICE WHICH THE PROVIDER
REASONABLY BELIEVES MAY ASSIST THE SUBSCRIBER TO CONTROL A  CHILD'S  USE
OF  THE  INTERNET; PROVIDED HOWEVER, THAT INTERNET ACCESS PROVIDERS THAT
PROVIDE  INTERNET  ACCESS VIA SPECTRUM REGULATED BY THE FCC, PURSUANT TO
47 USC 301 ET SEQ OR ITS SUCCESSORS, SHALL MEET THE REQUIREMENTS OF THIS
SECTION WHEN SUCH TECHNOLOGY IS REASONABLY AND  COMMERCIALLY  AVAILABLE.
THE PRODUCT OR SERVICE MUST ENABLE, IN A COMMERCIALLY REASONABLE MANNER,
THE SUBSCRIBER TO:
  (A) BLOCK A CHILD'S ACCESS TO SPECIFIC WEBSITES OR DOMAINS;
  (B)  RESTRICT  A  CHILD'S  ACCESS  EXCLUSIVELY TO SPECIFIC WEBSITES OR
DOMAINS APPROVED BY THE SUBSCRIBER; AND
  (C) ALLOW THE SUBSCRIBER TO MONITOR A  CHILD'S  USE  OF  THE  INTERNET
SERVICE BY PROVIDING A REPORT TO THE SUBSCRIBER OF THE SPECIFIC WEBSITES
OR  DOMAINS  THAT  THE  CHILD  HAS VISITED OR HAS ATTEMPTED TO VISIT BUT
COULD NOT ACCESS  BECAUSE  THE  WEBSITES  OR  DOMAINS  WERE  BLOCKED  OR
RESTRICTED BY THE SUBSCRIBER.
  2. IF A PRODUCT OR SERVICE DESCRIBED IN THIS SECTION IS REASONABLY AND
COMMERCIALLY  AVAILABLE FOR THE TECHNOLOGY UTILIZED BY THE SUBSCRIBER TO
ACCESS THE INTERNET SERVICE, THE PROVIDER OF INTERNET SERVICE:
  (A)  SHALL  PROVIDE  TO  THE  SUBSCRIBER,  AT  OR  NEAR  THE  TIME  OF
SUBSCRIPTION,  NOTICE  OF  THE  AVAILABILITY  OF  A  PRODUCT  OR SERVICE
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
  (B) MAY MAKE A PRODUCT OR SERVICE DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION AVAILABLE TO THE SUBSCRIBER EITHER DIRECTLY OR THROUGH A  THIRD-
PARTY VENDOR, AND MAY CHARGE FOR THE PRODUCT OR SERVICE.
  S  302.  ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION
AGAINST ANY INTERNET ACCESS  PROVIDER  THAT  VIOLATES  THIS  ARTICLE  TO
ENJOIN  THE  VIOLATION  AND  MAY  RECOVER  A  CIVIL PENALTY OF UP TO ONE
HUNDRED DOLLARS PER VIOLATION OF THIS ARTICLE OR, FOR A PATTERN OR PRAC-
TICE OF SUCH VIOLATIONS, OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
  2. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS  OR  REMEDIES
WHICH  ARE  OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY
OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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