S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3324
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and 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-f to read as follows:
   § 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.
   (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.
                                                            LBD08582-01-7
              

 A. 3324                             2
 
 OR OPERATED BY THE PERSON, PARTNERSHIP,  FIRM,  ASSOCIATION,  OR  CORPO-
 RATION THAT DEVELOPED THE COVERED FILE-SHARING PROGRAM.
   2.  (A)  IT SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO INSTALL ON ANY
 COMPUTER, OTHER THAN A COMPUTER OWNED BY SUCH ENTITY, OR OFFER  OR  MAKE
 AVAILABLE  FOR  INSTALLATION OR DOWNLOAD ON ANY COMPUTER A COVERED FILE-
 SHARING PROGRAM UNLESS SUCH PROGRAM:
   (I) IMMEDIATELY PRIOR TO  THE  INSTALLATION  OR  DOWNLOADING  OF  SUCH
 PROGRAM:
   (A)  PROVIDES  CLEAR  AND  CONSPICUOUS NOTICE THAT SUCH PROGRAM ALLOWS
 FILES ON THE COMPUTER TO BE MADE AVAILABLE FOR SEARCHING BY AND  COPYING
 TO ONE OR MORE OTHER COMPUTERS; AND
   (B)  OBTAINS  THE INFORMED CONSENT TO THE INSTALLATION OF SUCH PROGRAM
 FROM AN OWNER OR AUTHORIZED USER OF THE COMPUTER; AND
   (II) IMMEDIATELY PRIOR TO INITIAL ACTIVATION OF A  FILE-SHARING  FUNC-
 TION OF SUCH PROGRAM:
   (A)  PROVIDES  CLEAR  AND  CONSPICUOUS  NOTICE  OF  WHICH FILES ON THE
 COMPUTER ARE TO BE MADE AVAILABLE FOR SEARCHING BY AND COPYING TO ANOTH-
 ER COMPUTER; AND
   (B) OBTAINS THE INFORMED CONSENT FROM AN OWNER OR AUTHORIZED  USER  OF
 THE COMPUTER FOR SUCH FILES TO BE MADE AVAILABLE FOR SEARCHING AND COPY-
 ING TO ANOTHER COMPUTER.
   (B)  NOTHING  IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL APPLY TO THE INSTALLATION OF A COVERED FILE-SHARING PROGRAM  ON  A
 COMPUTER  PRIOR  TO  THE  FIRST  SALE  OF  SUCH COMPUTER TO AN END USER,
 PROVIDED THAT NOTICE IS PROVIDED TO THE END USER WHO FIRST PURCHASES THE
 COMPUTER THAT SUCH A PROGRAM HAS BEEN INSTALLED ON THE COMPUTER.
   (C) ONCE THE NOTICE AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS (I)  AND
 (II)  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION HAVE BEEN SATISFIED WITH
 RESPECT TO THE INSTALLATION OR INITIAL ACTIVATION  OF  A  COVERED  FILE-
 SHARING  PROGRAM ON A COMPUTER AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE NOTICE AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS  (I)  AND  (II)  OF
 PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO THE INSTALLATION OR
 INITIAL  ACTIVATION  OF  SOFTWARE MODIFICATIONS OR UPGRADES TO A COVERED
 FILE-SHARING PROGRAM INSTALLED ON THAT PROTECTED COMPUTER AT THE TIME OF
 THE SOFTWARE MODIFICATIONS OR UPGRADES SO LONG AS THOSE SOFTWARE MODIFI-
 CATIONS OR UPGRADES DO NOT:
   (I) MAKE FILES ON THE COMPUTER AVAILABLE FOR SEARCHING BY AND  COPYING
 TO  ONE  OR MORE OTHER COMPUTERS THAT WERE NOT ALREADY MADE AVAILABLE BY
 THE COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO ONE  OR
 MORE OTHER COMPUTERS; OR
   (II) ADD TO THE TYPES OR LOCATIONS OF FILES THAT CAN BE MADE AVAILABLE
 BY  THE COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO ONE
 OR MORE OTHER COMPUTERS.
   3. IT SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO  PREVENT  REASONABLE
 EFFORTS  TO DISABLE OR REMOVE, OR TO BLOCK THE INSTALLATION OR EXECUTION
 OF, A COVERED FILE-SHARING PROGRAM ON ANY COMPUTER.
   4. THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION  SHALL
 NOT APPLY TO THE STATE OR ITS POLITICAL SUBDIVISIONS.
   5.  NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS OR REME-
 DIES THAT ARE OTHERWISE AVAILABLE TO THE CONSUMER OR PURCHASER UNDER ANY
 OTHER LAW.
   6. (A) THE ATTORNEY GENERAL MAY  BRING  A  CIVIL  ACTION  AGAINST  ANY
 COVERED  ENTITY  THAT  VIOLATES ANY PROVISION OF THIS SECTION TO ENFORCE
 THE PROVISIONS OF THIS SECTION AND MAY RECOVER ANY OR ALL OF THE FOLLOW-
 ING:

 A. 3324                             3
 
   (I) UP TO ONE HUNDRED THOUSAND DOLLARS FOR A KNOWING PATTERN OR  PRAC-
 TICE OF SUCH VIOLATIONS; AND
   (II) COSTS AND REASONABLE ATTORNEY'S FEES.
   (B)  WHENEVER THE ATTORNEY GENERAL BELIEVES FROM EVIDENCE SATISFACTORY
 TO HIM OR HER THAT A KNOWING VIOLATION OF THIS SECTION OR A  PATTERN  OR
 PRACTICE  OF VIOLATING THIS SECTION HAS OCCURRED OR IS ABOUT TO OCCUR HE
 OR SHE MAY SEEK AN ORDER TO ENJOIN SUCH VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.