Assembly Bill A9691

2017-2018 Legislative Session

Relates to establishing the online consumer protection act

download bill text pdf

Sponsored By

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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2017-A9691 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1393
2011-2012: A4809
2013-2014: A1117
2015-2016: A5830
2019-2020: A3818, S2323
2021-2022: A405, S2886
2023-2024: A1366, S2998

2017-A9691 (ACTIVE) - Summary

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

2017-A9691 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                           I N  A S S E M B L Y
                             February 2, 2018
 Introduced  by  M.  of  A.  ROZIC, ORTIZ, PERRY, COLTON, TITUS, GUNTHER,
   Multi-Sponsored  by  -- M.  of A. ARROYO, DINOWITZ, GOTTFRIED, HEVESI,
   HIKIND, PEOPLES-STOKES -- read once and referred to the  Committee  on
   Consumer Affairs and Protection

 AN  ACT  to  amend the general business law, in relation to establishing
   the online consumer protection act
   Section  1.  Short  title. This act shall be known and may be cited as
 the "online consumer protection act".
   § 2. Legislative findings.  The  state  has  the  authority  to  enact
 consumer  regulations  to protect the people of the state. Recently, the
 state has enacted a series of laws to address problems arising from  the
 ubiquity  of  the  internet.  From  protecting consumers from electronic
 breaches of security  to  enacting  laws  prohibiting  the  practice  of
 "phishing"  --  an electronic form of identify theft -- the state has an
 obligation to enact sensible protections for the people.
   The internet age has changed, often for the  better,  the  way  people
 work,  enjoy  entertainment and interact with one another. However, with
 the internet age new problems have arisen that must be addressed,  chief
 among them, the loss of personal privacy. Recent examples, including one
 where  search  engine results were tracked to an individual, have illus-
 trated that a person's privacy can be breached  easily  and  with  grave
 consequences.  There  is  a fundamental rift between tracking technology
 and consumers' right to control what data  is  collected  and  where  it
 goes. Action must be taken in order to prevent more egregious violations
 of   privacy  occurring  including  price  discrimination,  exposure  of
 personal information to subpoenas and warrantless government access.
   This act establishes provisions to  allow  consumers  the  ability  to
 simply  opt-out  of  being  monitored on the internet. Such protections,
 akin to the do not call registry, are a fair, sensible and common  sense
 way to give consumers a clear choice with respect to being monitored.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


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