senate Bill S1171A

Relates to file-sharing applications

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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

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 29 / Apr / 2013
    • 1ST REPORT CAL.441
  • 30 / Apr / 2013
    • 2ND REPORT CAL.
  • 01 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 10 / Feb / 2014
    • PRINT NUMBER 1171A

Summary

Adds provisions relating to computer file-sharing applications.

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Bill Details

See Assembly Version of this Bill:
A7384A
Versions:
S1171
S1171A
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง349-f, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4435A, A2916A, S4435A
2009-2010: S6930A, A11252, S6930A

Sponsor Memo

BILL NUMBER:S1171A

TITLE OF BILL: An act to amend the general business law, in relation
to file-sharing applications

PURPOSE:

This legislation would strengthen current regulations relating to file
sharing applications.

SUMMARY OF PROVISIONS:

This legislation adds a new section to the general business law,
strengthening regulations relating to covered file sharing programs,
which are defined within.

Under these new regulations, a person or entity that is not an owner
or authorized user of a computer is prohibited from installing or
causing a covered file-sharing program to be installed onto the
computer without first providing clear notice to the owner or
authorized user of the computer that their files may be made available
to the public. Such non-owners/non-authorized users much also obtain
consent from the owner or authorized user to install the program.
Further, this bill requires affirmative steps to be taken by the
owner/authorized user to activate any feature on the program that will
make files on that computer available to the public.

Also, under the provisions of this legislation, non-owners and
non-authorized users of a computer may also not directly or indirectly
cause files to be stored on that computer, which, in turn, could be
searched and copied by third parties unknown to the owner, In
instances where the owner does authorize their files to be shared, the
consumer must still be given the chance to affirmatively select which
particular files would be made available.

Furthermore, this bill prohibits a person or entity that is not an
owner or authorized user of a computer from preventing reasonable
efforts to disable or remove, or to block the installation of
execution of, a covered file-sharing program on the computer.

This legislation also authorized the attorney general to bring civil
action against any seller ox reseller who violates and provision
of.this section.

Section 2. Effective date.

JUSTIFICATION:

Peer-to-peer file sharing applications (P2P) allow computer users to
easily connect to each other to "share" computer files and content.
While P2P can be used for legitimate purposes, it has been
predominantly used to illegally infringe millions of copyrighted
works. Many of these networks also contain child pornography.. While
P2P applications allow users to search for content on others'
computers, many may not be aware that P2P also may be sharing with the
Public personal and/or confidential files from their own computers. By
passing this legislation we will provide our authorities with the


power to take the action to protect our citizens that federal
authorities are often unable - or unwilling - to take.

LEGISLATIVE HISTORY:

2010 - Referred to Consumer Protections
2011 - Passed Senate
2012 - Referred to Consumer Protections

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
a law.

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

                                 1171--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in  relation  to  file-sharing
  applications

  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-f to read as follows:
  S 349-F.  FILE-SHARING  APPLICATIONS.  1.  FOR  THE  PURPOSE  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "COVERED FILE-SHARING PROGRAM" MEANS A COMPUTER PROGRAM, APPLICA-
TION, OR SOFTWARE THAT IS MARKETED OR DISTRIBUTED TO THE PUBLIC AND THAT
ENABLES: (I) A FILE OR FILES ON THE  COMPUTER  ON  WHICH  SUCH  PROGRAM,
APPLICATION,  OR SOFTWARE IS INSTALLED TO BE DESIGNATED AS AVAILABLE FOR
SEARCHING BY AND COPYING TO ONE OR MORE OTHER COMPUTERS; (II) THE TRANS-
MISSION OF SUCH DESIGNATED FILES DIRECTLY TO ONE OR MORE  OTHER  COMPUT-
ERS;  AND  (III)  A  USER TO REQUEST THE TRANSMISSION OF SUCH DESIGNATED
FILES DIRECTLY FROM ONE OR MORE OTHER  COMPUTERS.  COVERED  FILE-SHARING
PROGRAM DOES NOT MEAN A PROGRAM, APPLICATION OR SOFTWARE DESIGNED PRIMA-
RILY  TO  OPERATE AS A SERVER THAT IS ACCESSIBLE OVER THE INTERNET USING
THE INTERNET DOMAIN NAME SYSTEM, TO TRANSMIT OR RECEIVE EMAIL  MESSAGES,
INSTANT MESSAGING, REAL-TIME AUDIO OR VIDEO COMMUNICATIONS, OR REAL-TIME
VOICE  COMMUNICATIONS,  OR  TO  PROVIDE  NETWORK  OR  COMPUTER SECURITY,
NETWORK MANAGEMENT, HOSTING AND BACKUP SERVICES,  MAINTENANCE,  DIAGNOS-
TICS,  TECHNICAL  SUPPORT  OR REPAIR, OR TO DETECT OR PREVENT FRAUDULENT
ACTIVITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05489-02-4

S. 1171--A                          2

  (B) "COVERED ENTITY" MEANS: (I) A PERSON, PARTNERSHIP,  FIRM,  ASSOCI-
ATION,  OR CORPORATION THAT DEVELOPS A COVERED FILE-SHARING PROGRAM; AND
(II) A PERSON,  PARTNERSHIP,  FIRM,  ASSOCIATION,  OR  CORPORATION  THAT
DISSEMINATES  OR DISTRIBUTES A COVERED FILE-SHARING PROGRAM AND IS OWNED
OR  OPERATED  BY  THE  PERSON, PARTNERSHIP, FIRM, ASSOCIATION, OR CORPO-
RATION THAT DEVELOPED THE COVERED FILE-SHARING PROGRAM.
  2. (A) IT SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO INSTALL  ON  ANY
COMPUTER,  OTHER  THAN A COMPUTER OWNED BY SUCH ENTITY, OR OFFER OR MAKE
AVAILABLE FOR  INSTALLATION  OR  DOWNLOAD  ON  ANY  COMPUTER  A  COVERED
FILE-SHARING PROGRAM UNLESS SUCH PROGRAM:
  (I)  IMMEDIATELY  PRIOR  TO  THE  INSTALLATION  OR DOWNLOADING OF SUCH
PROGRAM:
  (A) PROVIDES CLEAR AND CONSPICUOUS NOTICE  THAT  SUCH  PROGRAM  ALLOWS
FILES  ON THE COMPUTER TO BE MADE AVAILABLE FOR SEARCHING BY AND COPYING
TO ONE OR MORE OTHER COMPUTERS; AND
  (B) OBTAINS THE INFORMED CONSENT TO THE INSTALLATION OF  SUCH  PROGRAM
FROM AN OWNER OR AUTHORIZED USER OF THE COMPUTER; AND
  (II)  IMMEDIATELY  PRIOR TO INITIAL ACTIVATION OF A FILE-SHARING FUNC-
TION OF SUCH PROGRAM:
  (A) PROVIDES CLEAR AND  CONSPICUOUS  NOTICE  OF  WHICH  FILES  ON  THE
COMPUTER ARE TO BE MADE AVAILABLE FOR SEARCHING BY AND COPYING TO ANOTH-
ER COMPUTER; AND
  (B)  OBTAINS  THE INFORMED CONSENT FROM AN OWNER OR AUTHORIZED USER OF
THE COMPUTER FOR SUCH FILES TO BE MADE AVAILABLE FOR SEARCHING AND COPY-
ING TO ANOTHER COMPUTER.
  (B) NOTHING IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  THIS  SUBDIVISION
SHALL  APPLY  TO THE INSTALLATION OF A COVERED FILE-SHARING PROGRAM ON A
COMPUTER PRIOR TO THE FIRST SALE  OF  SUCH  COMPUTER  TO  AN  END  USER,
PROVIDED THAT NOTICE IS PROVIDED TO THE END USER WHO FIRST PURCHASES THE
COMPUTER THAT SUCH A PROGRAM HAS BEEN INSTALLED ON THE COMPUTER.
  (C)  ONCE THE NOTICE AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (A) OF  THIS  SUBDIVISION  HAVE  BEEN  SATISFIED  WITH
RESPECT   TO  THE  INSTALLATION  OR  INITIAL  ACTIVATION  OF  A  COVERED
FILE-SHARING PROGRAM ON A COMPUTER AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  THE  NOTICE  AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO THE INSTAL-
LATION OR INITIAL ACTIVATION OF SOFTWARE MODIFICATIONS OR UPGRADES TO  A
COVERED FILE-SHARING PROGRAM INSTALLED ON THAT PROTECTED COMPUTER AT THE
TIME OF THE SOFTWARE MODIFICATIONS OR UPGRADES SO LONG AS THOSE SOFTWARE
MODIFICATIONS OR UPGRADES DO NOT:
  (I)  MAKE FILES ON THE COMPUTER AVAILABLE FOR SEARCHING BY AND COPYING
TO ONE OR MORE OTHER COMPUTERS THAT WERE NOT ALREADY MADE  AVAILABLE  BY
THE  COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO ONE OR
MORE OTHER COMPUTERS; OR
  (II) ADD TO THE TYPES OR LOCATIONS OF FILES THAT CAN BE MADE AVAILABLE
BY THE COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO  ONE
OR MORE OTHER COMPUTERS.
  3.  IT  SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO PREVENT REASONABLE
EFFORTS TO DISABLE OR REMOVE, OR TO BLOCK THE INSTALLATION OR  EXECUTION
OF, A COVERED FILE-SHARING PROGRAM ON ANY COMPUTER.
  4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
NOT APPLY TO THE STATE OR ITS POLITICAL SUBDIVISIONS.
  5. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS OR  REME-
DIES THAT ARE OTHERWISE AVAILABLE TO THE CONSUMER OR PURCHASER UNDER ANY
OTHER LAW.

S. 1171--A                          3

  6.  (A)  THE  ATTORNEY  GENERAL  MAY  BRING A CIVIL ACTION AGAINST ANY
COVERED ENTITY THAT VIOLATES ANY PROVISION OF THIS  SECTION  TO  ENFORCE
THE PROVISIONS OF THIS SECTION AND MAY RECOVER ANY OR ALL OF THE FOLLOW-
ING:
  (I)  UP TO ONE HUNDRED THOUSAND DOLLARS FOR A KNOWING PATTERN OR PRAC-
TICE OF SUCH VIOLATIONS; AND
  (II) COSTS AND REASONABLE ATTORNEY'S FEES.
  (B) WHENEVER THE ATTORNEY GENERAL BELIEVES FROM EVIDENCE  SATISFACTORY
TO  HIM  OR HER THAT A KNOWING VIOLATION OF THIS SECTION OR A PATTERN OR
PRACTICE OF VIOLATING THIS SECTION HAS OCCURRED OR IS ABOUT TO OCCUR  HE
OR SHE MAY SEEK AN ORDER TO ENJOIN SUCH VIOLATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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