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

                                  5914

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced by M. of A. ORTIZ, PERRY, GALEF, TITONE -- Multi-Sponsored by
  --  M. of A. CASTRO, HOOPER -- read once and referred to the Committee
  on Codes

AN ACT to amend the executive law and the penal law, in relation to  the
  unlawful downloading of intellectual property

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

  Section 1. Section 63 of the executive law is amended by adding a  new
subdivision 14 to read as follows:
  14.  PROSECUTE  ANY  PERSON FOR A VIOLATION OF UNLAWFUL DOWNLOADING OF
INTELLECTUAL PROPERTY AS SET FORTH IN SECTION 156.40 OF THE  PENAL  LAW.
IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY
HIS  DEPUTY OR ASSISTANT BEFORE ANY COURT OR ANY GRAND JURY AND EXERCISE
ALL THE POWERS AND PERFORM ALL THE DUTIES NECESSARY OR  REQUIRED  TO  BE
EXERCISED OR PERFORMED IN PROSECUTING ANY SUCH PERSON FOR SUCH OFFENSE.
  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "INTELLECTUAL PROPERTY" MEANS A PRODUCT OF THE INTELLECT THAT HAS
COMMERCIAL VALUE, AND SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  MUSIC,
LITERARY WORKS AND OTHER ARTISTIC WORKS.
  S  3.  The  penal law is amended by adding two new sections 156.40 and
156.41 to read as follows:
S 156.40 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY.
  A PERSON IS GUILTY OF UNLAWFUL DOWNLOADING  OF  INTELLECTUAL  PROPERTY
WHEN  SUCH  PERSON,  WITH  ACTUAL KNOWLEDGE, WITH CONSCIOUS AVOIDANCE OF
ACTUAL KNOWLEDGE, OR WILLFULLY, DOWNLOADS INTELLECTUAL PROPERTY BY MEANS
OF A SHARED COMPUTER NETWORK, WITHOUT FIRST:
  1. OBTAINING THE WRITTEN CONSENT OF THE HOLDER OF THE  RIGHTS  OF  THE
INTELLECTUAL PROPERTY; OR
  2. PURCHASING THE RIGHT TO DOWNLOAD SUCH INTELLECTUAL PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09365-01-3

              

A. 5914                             2

  UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY IS A VIOLATION AND SHALL
BE PUNISHABLE AS SET FORTH IN SECTION 156.41 OF THIS ARTICLE.
S 156.41 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY; ENFORCEMENT.
  UNLAWFUL  DOWNLOADING  OF INTELLECTUAL PROPERTY SHALL BE PUNISHABLE AS
FOLLOWS:
  1. FOR A FIRST OFFENSE, THE DEFENDANT SHALL RECEIVE A WARNING  IN  THE
FORM  OF  AN EMAIL FROM THE ATTORNEY GENERAL VIA SUCH DEFENDANT'S BROAD-
BAND OR INTERNET SERVICE PROVIDER REQUIRING SUCH DEFENDANT TO CEASE SUCH
UNLAWFUL DOWNLOADING;
  2. FOR A SECOND OFFENSE, THE DEFENDANT SHALL RECEIVE A WARNING IN  THE
FORM  OF  A LETTER FROM THE ATTORNEY GENERAL REQUIRING SUCH DEFENDANT TO
CEASE SUCH UNLAWFUL DOWNLOADING;
  3. FOR A THIRD OFFENSE, THE DEFENDANT SHALL BE PROHIBITED  FROM  MAIN-
TAINING AN INTERNET CONNECTION FOR A PERIOD OF ONE YEAR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.