senate Bill S1171A

2013-2014 Legislative Session

Relates to file-sharing applications

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Archive: Last Bill Status -


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 1171a
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
Jun 21, 2013 committed to rules
May 01, 2013 advanced to third reading
Apr 30, 2013 2nd report cal.
Apr 29, 2013 1st report cal.441
Jan 09, 2013 referred to consumer protection

Votes

view votes

Apr 29, 2013 - Consumer Protection committee Vote

S1171
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S1171 - Details

See Assembly Version of this Bill:
A7384A
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4435A, A2916A
2009-2010: S6930A, A11252

S1171 - Summary

Adds provisions relating to computer file-sharing applications.

S1171 - Sponsor Memo

S1171 - Bill Text download pdf

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

                                  1171

                       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

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
DISSEMINATES  OR DISTRIBUTES A COVERED FILE-SHARING PROGRAM AND IS OWNED

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

S1171A (ACTIVE) - Details

See Assembly Version of this Bill:
A7384A
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4435A, A2916A
2009-2010: S6930A, A11252

S1171A (ACTIVE) - Summary

Adds provisions relating to computer file-sharing applications.

S1171A (ACTIVE) - Sponsor Memo

S1171A (ACTIVE) - Bill Text download pdf

                    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

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