Assembly Bill A625A

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

                                 625--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  BENJAMIN, EDDINGTON, ENGLEBRIGHT,
  ESPAILLAT, FIELDS, GALEF, MARKEY, PHEFFER, SCHROEDER,  SPANO,  ALFANO,
  ERRIGO,  FINCH,  GIGLIO,  MOLINARO, TOBACCO, WALKER, ROBINSON, HOOPER,
  KOON, CUSICK, JAFFEE, BRODSKY, ROSENTHAL -- Multi-Sponsored by  --  M.
  of  A.  CALHOUN,  CARROZZA, DelMONTE, DUPREY, HAYES, JEFFRIES, LIFTON,
  LUPARDO, MAGNARELLI, McENENY, SCHIMEL, SEMINERIO, THIELE, TOWNS, WEIS-
  ENBERG -- read once and referred to  the  Committee  on  Corporations,
  Authorities  and Commissions -- reported and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01033-02-9
              

A. 625--A                           2

  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
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.