NY State Assembly Bill 2015-A8718B

Archive: Last Bill Status - In Assembly 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	reported referred to rules
Jun 10, 2016	print number 8718b
Jun 10, 2016	amend and recommit to codes
Jun 09, 2016	print number 8718a
Jun 09, 2016	amend and recommit to codes
May 24, 2016	reported referred to codes
Jan 13, 2016	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

2015-A8718 - Details

Current Committee:: Assembly Rules
Law Section:: General Business Law
Laws Affected:: Add Art 32-A §676, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A724
2019-2020: A5306
2021-2022: A4855
2023-2024: A5468

2015-A8718 - Summary

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

2015-A8718 - Bill Text download pdf

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

                                  8718

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Consumer Affairs and 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

A. 8718                             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.

2015-A8718A - Details

Current Committee:: Assembly Rules
Law Section:: General Business Law
Laws Affected:: Add Art 32-A §676, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A724
2019-2020: A5306
2021-2022: A4855
2023-2024: A5468

2015-A8718A - Summary

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

2015-A8718A - Bill Text download pdf

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

                                 8718--A

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13393-02-6

A. 8718--A                          2

  (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.
  (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.
  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. 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.

2015-A8718B (ACTIVE) - Details

Current Committee:: Assembly Rules
Law Section:: General Business Law
Laws Affected:: Add Art 32-A §676, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A724
2019-2020: A5306
2021-2022: A4855
2023-2024: A5468

2015-A8718B (ACTIVE) - Summary

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

2015-A8718B (ACTIVE) - Bill Text download pdf

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

                                 8718--B

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13393-04-6

A. 8718--B                          2

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.
  (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.
  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  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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Assembly Bill A8718B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2015-A8718 - Details

2015-A8718 - Summary

2015-A8718 - Bill Text download pdf

2015-A8718A - Details

2015-A8718A - Summary

2015-A8718A - Bill Text download pdf

2015-A8718B (ACTIVE) - Details

2015-A8718B (ACTIVE) - Summary

2015-A8718B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

GUNTHER

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2015-A8718 - Details

2015-A8718 - Summary

2015-A8718 - Bill Text download pdf

2015-A8718A - Details

2015-A8718A - Summary

2015-A8718A - Bill Text download pdf

2015-A8718B (ACTIVE) - Details

2015-A8718B (ACTIVE) - Summary

2015-A8718B (ACTIVE) - Bill Text download pdf

Comments