Senate Bill S5299

2013-2014 Legislative Session

Establishes the class A misdemeanor of making a false statement in an internet privacy policy

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
May 16, 2013	referred to codes

2013-S5299 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§190.57 & 190.58, Pen L

2013-S5299 (ACTIVE) - Summary

Establishes the class A misdemeanor of making a false statement in an internet privacy policy.

2013-S5299 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5299

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing the offense of making a false statement in an internet
privacy policy

PURPOSE:

Provides that an individual who makes a false or misleading statement
in an internet privacy policy is guilty of a class A misdemeanor.

SUMMARY OF PROVISIONS:

Section 1 creates a new sections 190.57 and 190.58 in the penal law.
Section 190.57 defines the internet as a system of linked computer
networks, international in scope, that facilitate data transmission
end exchange, and personal information as any information concerning a
natural person which can be used to identify or locate such person.
Section 190.58 establishes that a person is guilty of a class A
misdemeanor if they make a false statement in an Internet privacy
policy when operating or controlling an internet website with regard
to the use of personal information submitted by users of the website.

Section 2 sets the effective date.

JUSTIFICATION:

For the past ten years, social networking has grown exponentially.
Landline telephones and face-to-face contact are replaced with
Facebook, Twitter, LinkedIn, Googlee, and Instagram.  These social
networking services, which are used primarily by teenagers and young
adults, require members to upload pictures and information. While some
services offer a private option that allows the member to control who
can see their information, this does not ensure that the member's
information cannot be accessed by the public via search engine. This
bill protects the privacy of all private social network members as it
establishes that a person who makes a false or misleading statement in
an Internet privacy policy is guilty of a class A misdemeanor.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall become a law.

2013-S5299 (ACTIVE) - Bill Text download pdf

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

                                  5299

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to establishing  the  offense
  of making a false statement in an internet privacy policy

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

  Section 1. The penal law is amended by adding two new sections  190.57
and 190.58 to read as follows:
S 190.57 MAKING  A  FALSE STATEMENT IN AN INTERNET PRIVACY POLICY; DEFI-
           NITION OF TERMS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO  SECTION  190.58  OF  THIS
ARTICLE.
  1.  "INTERNET"  MEANS  A  SYSTEM OF LINKED COMPUTER NETWORKS, INTERNA-
TIONAL IN SCOPE, THAT FACILITATE DATA TRANSMISSION AND EXCHANGE.
  2. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING  A  NATURAL
PERSON  WHICH CAN BE USED TO IDENTIFY THAT NATURAL PERSON, OR CONTACT OR
LOCATE SUCH PERSON, INCLUDING NAME, ADDRESS, TELEPHONE  NUMBER,  MEDICAL
OR FINANCIAL DATA, SEXUAL ORIENTATION OR EMAIL ADDRESS.
S 190.58 MAKING A FALSE STATEMENT IN AN INTERNET PRIVACY POLICY.
  A  PERSON IS GUILTY OF MAKING A FALSE STATEMENT IN AN INTERNET PRIVACY
POLICY, WHEN OPERATING OR CONTROLLING AN INTERNET  WEBSITE,  HE  OR  SHE
KNOWINGLY  MAKES  A  FALSE OR MISLEADING STATEMENT IN THE PRIVACY POLICY
FOR SUCH WEBSITE WITH REGARD TO THE USE OF PERSONAL INFORMATION  SUBMIT-
TED BY USERS OF THE WEBSITE.
  MAKING  A  FALSE  STATEMENT IN AN INTERNET PRIVACY POLICY IS A CLASS A
MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09019-01-3

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Senate Bill S5299

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S5299 (ACTIVE) - Details

2013-S5299 (ACTIVE) - Summary

2013-S5299 (ACTIVE) - Sponsor Memo

2013-S5299 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S5299 (ACTIVE) - Details

2013-S5299 (ACTIVE) - Summary

2013-S5299 (ACTIVE) - Sponsor Memo

2013-S5299 (ACTIVE) - Bill Text download pdf

Comments