Assembly Actions -
Senate Actions - UPPERCASE
|Apr 09, 2018||
referred to consumer protection
Senate Bill S8149
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8149 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §390-bb, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
2019-2020: S2323, A3818
2021-2022: S2886, A405
2023-2024: S2998, A1366
2017-S8149 (ACTIVE) - Summary
2017-S8149 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8149 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the general business law, in relation to establishing the online consumer protection act PURPOSE: This bill, called the Online Consumer Protection Act, would establish rules and privacy policies with respect to how website publishers and advertising networks collect and disseminate the online behavior of consumers. It would require that consumers are given adequate notice of how advertisers operate as well as a clear and conspicuous mechanism on websites for consumers to opt-out of such online advertising. SUMMARY OF PROVISIONS: Section 1 of the bill establishes the short title as the "Online Consum- er Protection Act."
2017-S8149 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8149 I N S E N A T E April 9, 2018 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to establishing the online consumer protection act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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. § 3. The general business law is amended by adding a new section 390- bb to read as follows: § 390-BB. ONLINE CONSUMER PROTECTION. 1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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