NY State Senate Bill 2015-S7923

Archive: Last Bill Status - In Senate Committee Consumer Protection 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
May 25, 2016	referred to consumer protection

2015-S7923 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 32-A §676, Gen Bus L

2015-S7923 (ACTIVE) - Summary

Relates to the use of voice recognition features on certain products.

2015-S7923 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7923

 TITLE OF BILL :  An act to amend the general business law, in
relation to the use of voice recognition features

 PURPOSE :

This bill would regulate voice recognition features in
internet-connected devices.

 SUMMARY OF PROVISIONS :

Section 1 adds a new article 32-a to the general business law to
regulate voice recognition features. Subdivision 1 of section 676 sets
forth definitions to be used in the section. Paragraph (a) of
subdivision 2 will require users be notified that they are using voice
recognition features on their connected devices. Paragraph (b) states
that recordings of spoken word collected by the manufacturer through
voice recognition features shall not be sold or used for advertising
purposes. Paragraph (c) states that recordings of spoken word
collected by a third party through voice recognition features shall
not be sold or used for advertising purposes. Paragraph (d) states
that manufacturers are only liable for the functionality of the device
at the time of sale. Subdivision 3 states that this shall not be
construed to prevent law enforcement from obtaining records from a
manufacturer. Subdivision 4 allows the Attorney General to bring an

action if he or she believes there is a violation of this section.

Section 2 is the effective date.

 JUSTIFICATION :

Companies that manufacture internet-capable devices like cell phones
and televisions may record a user's voice without an individual's
consent if the product has voice recognition software. Manufacturers
should not be able to sell these recordings for a profit or use them
for advertising purposes. California has enacted similar legislation
to curb this practice on internet capable televisions. As technology
continues to progress, it is important that customers are aware that
their privacy may be violated.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S7923 (ACTIVE) - Bill Text download pdf

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

                                  7923

                            I N  S E N A T E

                              May 25, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- 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  the  use  of
  voice recognition features

  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 article
32-A to read as follows:
                               ARTICLE 32-A
                       VOICE RECOGNITION FEATURES
SECTION 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS.
  S 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS. 1. FOR  PURPOSES
OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A)  "CONNECTED DEVICE" SHALL MEAN A TELEVISION, VIDEO GAME CONSOLE AS
DEFINED IN SECTION THREE HUNDRED NINETY-SIX-KK OF THIS CHAPTER, COMPUTER
AS DEFINED IN  SECTION  THREE  HUNDRED  NINETY-TWO-A  OF  THIS  CHAPTER,
COMPUTER  ACCESSORY  AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF
THIS CHAPTER, OR INTERNET-CAPABLE DEVICE  AS  DEFINED  IN  SECTION  FIVE
HUNDRED THIRTY-EIGHT-B OF THIS CHAPTER.
  (B)  "USER"  MEANS A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR TAKES
OWNERSHIP OF A CONNECTED DEVICE. A PERSON WHO IS  INCIDENTALLY  RECORDED
WHEN  A  VOICE  RECOGNITION  FEATURE IS ACTIVATED BY A USER SHALL NOT BE
DEEMED TO BE A USER.
  (C) "VOICE RECOGNITION FEATURE" MEANS  THE  FUNCTION  OF  A  CONNECTED
DEVICE  THAT ALLOWS THE COLLECTION, RECORDING, STORAGE, ANALYSIS, TRANS-
MISSION, INTERPRETATION, OR OTHER USE OF SPOKEN WORDS OR OTHER SOUNDS.
  2. (A) A PERSON OR ENTITY SHALL NOT PROVIDE THE OPERATION OF  A  VOICE
RECOGNITION  FEATURE  WITHIN  THIS  STATE WITHOUT PROMINENTLY INFORMING,
DURING THE INITIAL SETUP OR INSTALLATION OF A CONNECTED  DEVICE,  EITHER
THE  USER  OR  THE  PERSON DESIGNATED BY THE USER TO PERFORM THE INITIAL
SETUP OR INSTALLATION OF THE CONNECTED DEVICE.
  (B) ANY ACTUAL RECORDINGS OF SPOKEN WORD COLLECTED THROUGH THE  OPERA-
TION  OF  A VOICE RECOGNITION FEATURE BY THE MANUFACTURER OF A CONNECTED
DEVICE SHALL NOT BE SOLD OR USED FOR ANY ADVERTISING PURPOSE.

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

                                                           LBD13393-01-5

S. 7923                             2

  (C) ANY ACTUAL RECORDINGS OF SPOKEN WORD COLLECTED THROUGH THE  OPERA-
TION  OF  A  VOICE RECOGNITION FEATURE BY A THIRD PARTY CONTRACTING WITH
THE MANUFACTURER OF A CONNECTED DEVICE SHALL NOT BE SOLD OR USED FOR ANY
ADVERTISING PURPOSE.
  (D)  A MANUFACTURER SHALL ONLY BE LIABLE FOR FUNCTIONALITY PROVIDED AT
THE TIME OF THE ORIGINAL SALE OF A CONNECTED DEVICE  AND  SHALL  NOT  BE
LIABLE  FOR FUNCTIONALITY PROVIDED BY APPLICATIONS THAT THE USER CHOOSES
TO USE OR ARE DOWNLOADED AND INSTALLED BY A USER.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED SO  AS  TO  PREVENT  ANY
ACTION  PURSUANT  TO  A  SUBPOENA OR BY A LAW ENFORCEMENT AGENCY, OR ANY
OFFICER, EMPLOYEE, OR AGENT OF SUCH AGENCY, TO OBTAIN RECORDINGS FROM  A
MANUFACTURER  IN  CONNECTION WITH THE PERFORMANCE OF THE OFFICIAL DUTIES
THEREOF, IN ACCORDANCE WITH OTHER APPLICABLE LAWS.
  4. (A) WHENEVER THE  ATTORNEY  GENERAL  SHALL  BELIEVE  FROM  EVIDENCE
SATISFACTORY TO HIM OR HER THAT THERE IS A VIOLATION OF THIS SECTION, HE
OR  SHE  MAY  BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE OF
THE STATE OF NEW YORK, IN A COURT OF COMPETENT  JURISDICTION  TO  ENJOIN
AND RESTRAIN THE CONTINUATION OF SUCH VIOLATION. IN SUCH ACTION, PRELIM-
INARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES.  IN  SUCH  ACTION, THE COURT MAY AWARD REASONABLE
ATTORNEY'S FEES AND DAMAGES FOR ACTUAL COSTS OR LOSSES INCURRED  BY  THE
CONSUMER.  WHENEVER  THE  COURT  SHALL  DETERMINE  IN SUCH ACTION THAT A
PERSON OR BUSINESS VIOLATED THIS SECTION, THE COURT MAY IMPOSE  A  CIVIL
PENALTY OF TWO THOUSAND FIVE HUNDRED DOLLARS PER VIOLATION.
  (B)  THE REMEDIES PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO
ANY OTHER LAWFUL REMEDY AVAILABLE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Senate Bill S7923

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

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2015-S7923 (ACTIVE) - Details

2015-S7923 (ACTIVE) - Summary

2015-S7923 (ACTIVE) - Sponsor Memo

2015-S7923 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

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

Actions

2015-S7923 (ACTIVE) - Details

2015-S7923 (ACTIVE) - Summary

2015-S7923 (ACTIVE) - Sponsor Memo

2015-S7923 (ACTIVE) - Bill Text download pdf

Comments