Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2018 |
referred to codes |
Assembly Bill A11249
2017-2018 Legislative Session
Sponsored By
BRAUNSTEIN
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
Actions
2017-A11249 (ACTIVE) - Details
- See Senate Version of this Bill:
- S9112
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §52-b, Civ Rts L (as proposed in S.9019-A and A.11188-A)
2017-A11249 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11249 I N A S S E M B L Y June 18, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Braunstein) -- read once and referred to the Committee on Codes AN ACT to amend the civil rights law, in relation to limitations on liability for an internet service provider THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1, subdivisions 4 and 5 of section 52-b of the civil rights law, as added by a chapter of the laws of 2018 amending the civil rights law and other laws relating to estab- lishing the crime of unlawful dissemination or publication of an inti- mate image, as proposed in legislative bills numbers S. 9019-A and A. 11188-A, is amended to read as follows: a. Any website [or internet service provider] that hosts or transmits a still or video image, viewable in this state, taken under circum- stances where the person depicted had a reasonable expectation of priva- cy, which depicts: (i) an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, of a resident of this state; or (ii) a resident of this state engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person; and 4. This section shall not apply to the following: a. the reporting of unlawful conduct; b. dissemination or publication of an intimate still or video image made during lawful and common practices of law enforcement, legal proceedings or medical treatment; c. images involving voluntary exposure in a commercial setting; [or] d. dissemination or publication of an intimate still or video image made for a legitimate public purpose; OR E. PROVIDERS OF AN INTERACTIVE COMPUTER SERVICE FOR IMAGES PROVIDED BY ANOTHER PERSON. FOR PURPOSES OF THIS SUBDIVISION, "INTERACTIVE COMPUTER SERVICE" SHALL MEAN: ANY INFORMATION SERVICE, SYSTEM OR ACCESS SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY A SERVICE OR SYSTEM THAT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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