senate Bill S4435A

2011-2012 Legislative Session

Relates to file-sharing applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 30, 2012 advanced to third reading
Apr 26, 2012 2nd report cal.
Apr 25, 2012 1st report cal.582
Jan 18, 2012 reported and committed to finance
Jan 04, 2012 referred to consumer protection
returned to senate
died in assembly
Jun 15, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1230
Jun 13, 2011 committee discharged and committed to rules
Jun 01, 2011 reported and committed to finance
May 12, 2011 print number 4435a
amend and recommit to consumer protection
Apr 05, 2011 referred to consumer protection

Votes

view votes

Apr 25, 2012 - Finance committee Vote

S4435A
29
1
committee
29
Aye
1
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Jan 18, 2012 - Consumer Protection committee Vote

S4435A
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 18, 2012

aye wr (1)

Jun 14, 2011 - Rules committee Vote

S4435A
21
2
committee
21
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 1, 2011 - Consumer Protection committee Vote

S4435A
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jun 1, 2011

aye wr (1)
excused (1)

S4435 - Details

See Assembly Version of this Bill:
A2916A
Law Section:
General Business Law
Laws Affected:
Add §349-e, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6930A, A11252

S4435 - Summary

Adds provisions relating to computer file-sharing applications.

S4435 - Sponsor Memo

S4435 - Bill Text download pdf

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

                                  4435

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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-e to read as follows:
  S 349-E. FILE-SHARING APPLICATIONS. 1. FOR THE PURPOSE OF THIS SECTION
"COVERED FILE-SHARING PROGRAM" MEANS A COMPUTER PROGRAM, APPLICATION, OR
SOFTWARE THAT ENABLES THE COMPUTER ON WHICH SUCH  PROGRAM,  APPLICATION,
OR  SOFTWARE  IS INSTALLED TO DESIGNATE FILES AS AVAILABLE FOR SEARCHING
BY AND COPYING TO ONE OR MORE OTHER COMPUTERS, TO TRANSMIT  SUCH  DESIG-
NATED  FILES DIRECTLY TO ONE OR MORE OTHER COMPUTERS, AND TO REQUEST THE
TRANSMISSION OF SUCH DESIGNATED FILES DIRECTLY FROM ONE  OR  MORE  OTHER
COMPUTERS.  COVERED FILE-SHARING PROGRAM DOES NOT MEAN A PROGRAM, APPLI-
CATION, OR SOFTWARE DESIGNED PRIMARILY 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, DIAGNOSTICS, TECHNICAL SUPPORT OR REPAIR,
OR TO DETECT OR PREVENT FRAUDULENT ACTIVITIES.
  2. A PERSON OR ENTITY THAT IS NOT AN OWNER OR  AUTHORIZED  USER  OF  A
COMPUTER MAY NOT:
  (A)  INSTALL,  OFFER  TO  INSTALL, OR MAKE AVAILABLE FOR INSTALLATION,
REINSTALLATION OR UPDATE A COVERED FILE-SHARING PROGRAM ONTO THE COMPUT-
ER WITHOUT FIRST PROVIDING CLEAR AND CONSPICUOUS NOTICE TO THE OWNER  OR
AUTHORIZED  USER OF THE COMPUTER THAT THE FILES ON THAT COMPUTER WILL BE
MADE AVAILABLE TO THE PUBLIC, OBTAINING CONSENT OF THE OWNER OR  AUTHOR-
IZED USER TO INSTALL THE PROGRAM, AND REQUIRING AFFIRMATIVE STEPS BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05251-02-1

S4435A (ACTIVE) - Details

See Assembly Version of this Bill:
A2916A
Law Section:
General Business Law
Laws Affected:
Add §349-e, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6930A, A11252

S4435A (ACTIVE) - Summary

Adds provisions relating to computer file-sharing applications.

S4435A (ACTIVE) - Sponsor Memo

S4435A (ACTIVE) - Bill Text download pdf

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

                                 4435--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  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-e to read as follows:
  S 349-E.  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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05251-04-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.