Assembly Actions -
Senate Actions - UPPERCASE
|Mar 21, 2017
recommit, enacting clause stricken
|Feb 17, 2017
referred to codes
Senate Bill S4561
2017-2018 Legislative Session
Archive: Last Bill Status - Stricken
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S4561 (ACTIVE) - Details
2017-S4561 (ACTIVE) - Summary
Requires search engines, indexers, publishers and any other persons or entities which make available, on or through the internet or other widely used computer-based network, program or service, information about an individual to remove such information, upon the request of the individual, within thirty days of such request.
2017-S4561 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4561 TITLE OF BILL : An act to amend the civil rights law and the civil practice law and rules, in relation to creating the right to be forgotten act PURPOSE : This bill mandates that upon the request from an individual, all search engines, indexers, publishers and any other persons or entities that make available, on or through the internet information about the requester, shall remove information, articles, identifying information and other content about such individual that is "inaccurate", "irrelevant", "inadequate", or "excessive" within thirty days of such request. The bill would rectify an individual's reputation that was wrongly diminished through inaccurate information found on the Internet. SUMMARY OF SPECIFIC PROVISIONS : Section 1 is amended by adding a new section 50-f in which mandates that information regarding the individual that is "inaccurate", "irrelevant", "inadequate", or "excessive" shall be removed. Section 2 provides for either an action for actual monetary loss for
2017-S4561 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4561 2017-2018 Regular Sessions I N S E N A T E February 17, 2017 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law and the civil practice law and rules, in relation to creating the right to be forgotten act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 50-f to read as follows: § 50-F. RIGHT TO BE FORGOTTEN ACT. 1. UPON THE REQUEST FROM AN INDI- VIDUAL, ALL SEARCH ENGINES, INDEXERS, PUBLISHERS AND ANY OTHER PERSONS OR ENTITIES THAT MAKE AVAILABLE, ON OR THROUGH THE INTERNET OR OTHER WIDELY USED COMPUTER-BASED NETWORK, PROGRAM OR SERVICE, INFORMATION ABOUT THE REQUESTER, SHALL REMOVE INFORMATION, ARTICLES, IDENTIFYING INFORMATION AND OTHER CONTENT ABOUT SUCH INDIVIDUAL, AND LINKS OR INDEXES TO ANY OF THE SAME, THAT IS "INACCURATE", "IRRELEVANT", "INADE- QUATE" OR "EXCESSIVE" WITHIN THIRTY DAYS OF SUCH REQUEST, AND WITHOUT REPLACING SUCH REMOVED INFORMATION, ARTICLE OR CONTENT WITH ANY DISCLAIMER, TAKEDOWN NOTICE, HYPERLINK, OR OTHER REPLACEMENT NOTICE, INFORMATION OR CONTENT, OR COOPERATING WITH ANY OTHER PERSON OR ENTITY WHO DOES ANY OF THE FOREGOING. FOR PURPOSES OF THIS SECTION, "INACCU- RATE", "IRRELEVANT", "INADEQUATE", OR "EXCESSIVE" SHALL MEAN CONTENT, WHICH AFTER A SIGNIFICANT LAPSE IN TIME FROM ITS FIRST PUBLICATION, IS NO LONGER MATERIAL TO CURRENT PUBLIC DEBATE OR DISCOURSE, ESPECIALLY WHEN CONSIDERED IN LIGHT OF THE FINANCIAL, REPUTATIONAL AND/OR DEMON- STRABLE OTHER HARM THAT THE INFORMATION, ARTICLE OR OTHER CONTENT IS CAUSING TO THE REQUESTER'S PROFESSIONAL, FINANCIAL, REPUTATIONAL OR OTHER INTEREST, WITH THE EXCEPTION OF CONTENT RELATED TO CONVICTED FELO- NIES, LEGAL MATTERS RELATING TO VIOLENCE, OR A MATTER THAT IS OF SIGNIF- ICANT CURRENT PUBLIC INTEREST, AND AS TO WHICH THE REQUESTER'S ROLE WITH REGARD TO THE MATTER IS CENTRAL AND SUBSTANTIAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09707-01-7
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