senate Bill S5801

2009-2010 Legislative Session

Relates to establishing the online consumer protection act

download bill text pdf

Sponsored By

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

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to consumer protection
Jun 05, 2009 referred to rules

S5801 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4809
2013-2014: A1117
2015-2016: A5830
2017-2018: A3367, A9691
2019-2020: A3818
2021-2022: A405

S5801 (ACTIVE) - Summary

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

S5801 (ACTIVE) - Sponsor Memo

S5801 (ACTIVE) - Bill Text download pdf

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


                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 5, 2009

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in  relation  to  establishing
  the online consumer protection act


  Section 1. Short title. This act shall be known and may  be  cited  as
the "online consumer protection act".
  S  2.  Legislative  findings.  The  state  has  the authority to enact
consumer regulations to protect the people of the state.  Recently,  the
state  has enacted a series of laws to address problems arising from the
ubiquity of the internet.  From  protecting  consumers  from  electronic
breaches  of  security  to  enacting  laws  prohibiting  the practice of
"phishing" -- an electronic form of identify theft -- the state  has  an
obligation to enact sensible protections for the people.
  The  internet  age  has  changed, often for the better, the way people
work, enjoy entertainment and interact with one another.  However,  with
the  internet age new problems have arisen that must be addressed, chief
among them, the loss of personal privacy. Recent examples, including one
where search engine results were tracked to an individual,  have  illus-
trated  that  a  person's  privacy can be breached easily and with grave
consequences. There is a fundamental rift  between  tracking  technology
and  consumers'  right  to  control  what data is collected and where it
goes. Action must be taken in order to prevent more egregious violations
of  privacy  occurring  including  price  discrimination,  exposure   of
personal information to subpoenas and warrantless government access.
  This  act  establishes  provisions  to  allow consumers the ability to
simply opt-out of being monitored on  the  internet.  Such  protections,
akin  to the do not call registry, are a fair, sensible and common sense
way to give consumers a clear choice with respect to being monitored.

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


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