The New York State Senate

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

                                  5507

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2017
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to augmented real-
  ity games

  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
391-u to read as follows:
  §  391-U. AUGMENTED REALITY GAME. 1. FOR THE PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "AUGMENTED REALITY GAME" SHALL BE A DIGITAL APPLICATION  OR  GAME,
TYPICALLY  ACCESSED  ON  MOBILE  DEVICES,  INCLUDING BUT NOT LIMITED TO:
SMARTPHONES; TABLETS; OR AUGMENTED REALITY GLASSES; WHICH  CAUSES  USERS
TO  PHYSICALLY MOVE TO AND/OR PERSONALLY INTERACT WITH LOCATIONS OUTSIDE
THE USER'S PLACE OF RESIDENCE FOR THE  PURPOSE  OF  ACHIEVING  GOALS  OR
MOVING FROM PLACE TO PLACE WITHIN THE GAME.
  (B)  "IN-GAME  OBJECTIVE"  SHALL  BE  ANY ELEMENT OF THE GAME WHICH IS
ACCESSIBLE AT A SPECIFIC DIGITAL LOCATION OR MULTIPLE DIGITAL LOCATIONS.
  (C) "DIGITAL LOCATION" SHALL BE THE IN-GAME LOCATION  ANALOGUE  TO  AN
EXISTING  PHYSICAL ADDRESS IN THE REAL WORLD, MAPPED BY MEANS OF DIGITAL
INFORMATION  PROCESSED  WITHIN  THE  GAME  THAT  CORRESPONDS  TO  ACTUAL
ADDRESSES AND/OR GPS COORDINATES.
  (D)  "AUGMENTED  REALITY  GAME DEVELOPER" SHALL MEAN ANY INDIVIDUAL OR
BUSINESS ENTITY WHICH HAS DEVELOPED AND OWNS THE RIGHTS TO AN  AUGMENTED
REALITY  GAME.    IN  THE  EVENT  THAT A DEVELOPER SELLS THE CONTROLLING
INTELLECTUAL PROPERTY RIGHTS TO ANOTHER ENTITY AND NO  LONGER  MAINTAINS
CONTROL  OF  THE  DEVELOPMENT  OF  THE  AUGMENTED  REALITY GAME, THE NEW
CONTROLLING ENTITY SHALL BE CONSIDERED THE DEVELOPER.
  2. NO AUGMENTED REALITY  GAME  DEVELOPER  SHALL  CAUSE  OR  ALLOW  ANY
IN-GAME  OBJECTIVE  TO BE LOCATED AT, OR ACCESSIBLE WITHIN A ONE HUNDRED
FOOT RADIUS OF THE DIGITAL  LOCATION  CORRESPONDING  WITH  THE  REPORTED

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

                                                           LBD07790-01-7

A. 5507                             2

PLACE OF RESIDENCE OF A SEX OFFENDER SUBJECT TO LIFETIME REGISTRATION AS
DEFINED  IN  ARTICLE  SIX-C  OF  THE  CORRECTION LAW, AS REPORTED ON THE
INTERNET SUBDIRECTORY OF LEVEL TWO AND LEVEL THREE SEX  OFFENDERS  MAIN-
TAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  3. AN AUGMENTED REALITY GAME DEVELOPER SHALL UPDATE ITS IN-GAME OBJEC-
TIVE  DIGITAL  LOCATION  EXCLUSIONS  WITHIN  THE  GAME AT LEAST ONCE PER
MONTH.
  4. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INSTITUTE A  CIVIL
ACTION  OR  PROCEEDING  TO  ENFORCE THE PROVISIONS OF THIS SECTION.  ANY
PERSON OR ENTITY THAT KNOWINGLY VIOLATES THIS SECTION SHALL  BE  SUBJECT
TO  A  DAILY FINE OF UP TO ONE HUNDRED DOLLARS EACH DAY FOR EACH DIGITAL
LOCATION WITHIN THE AUGMENTED REALITY GAME THAT  IS  NOT  IN  COMPLIANCE
WITH THIS SECTION.
  §  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.