NY State Senate Bill 2017-S9112

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to rules

2017-S9112 (ACTIVE) - Details

See Assembly Version of this Bill:: A11249
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Amd §52-b, Civ Rts L (as proposed in S.9019-A and A.11188-A)

2017-S9112 (ACTIVE) - Summary

Provides that a private right of action for unlawful dissemination or publication of an intimate image shall be limited to certain websites.

2017-S9112 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9112

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
limitations on liability for an internet service provider

 
PURPOSE OR GENERAL IDEA OF BILL:
This will clarify bill S.9019 by expressly prohibiting awards damages
against interactive computer services, and clarifying the process in
which an individual would have an image removed from a website.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Removes "internet service provider"; Defines interactive
computer service and exempts ICS from this section; clarifies that an
individual may not seek damages against an interactive computer service;
clarifying the process in which an individual would have an image
removed from a website.

Section 2. Effective date.

 
JUSTIFICATION:

In an era of increased text messaging, social networking, and emailing,
people in intimate relationships sometimes share pictures with each
other, some of which may be sexually explicit in nature.  However,
recipients of these images do not always keep the images within the
confines of an intimate relationship, and have the ability to widely
disseminate the photos on the Internet.

The unlawful dissemination and publication of such intimate images, also
known as "revenge porn" is often provided to Internet websites, and
features photos sometimes accompanied by disparaging descriptions and
identifying details, such as where the victims live and work, as well as
links to their social network pages.

Posting these photographs online is damaging to the reputations of the
victims. These photographs have extensive negative effects, including
destroying future intimate relationships and educational and employment
opportunities. Victims are routinely threatened with sexual assault,
stalked, harassed, or fired from jobs.  Criminalization is preferable to
civil suits by victims because civil suits do not deter those who upload
or disclose new images after a civil suit has ended. Furthermore, a
lengthy trial is emotionally exhausting and prohibitively expensive.
Moreover, the websites that distribute nonconsensual pornography are
given broad immunity for civil liability under federal law through the
Communications Decency Act. Therefore, criminalizing dissemination and
publication of these photos may prevent websites from benefiting from
the harmful images.

However, because New York relies on common law to pursue a civil case,
including the torts of harassment and intentional infliction of
emotional distress, a civil suit is often difficult to pursue and win.
As such, this legislation adds a private right of action for unlawful
dissemination and publication images that would provide recourse to
victims. The private right of action is designed to work in conjunction
with the criminal law, and does not require that a criminal conviction
or charge be obtained in order to proceed. The victim will have a choice
whether to pursue a criminal or civil case, or both.
 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same day which S.9019A shall take
effect.

2017-S9112 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                             I N  S E N A T E
 
                               June 18, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil rights law,  in  relation  to  limitations  on
   liability for an internet service provider
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph a of subdivision  1,  subdivisions  4  and  5  of
 section  52-b of the civil rights law, as added by a chapter of the laws
 of 2018 amending the civil rights law and other laws relating to  estab-
 lishing  the  crime of unlawful dissemination or publication of an inti-
 mate image, as proposed in legislative bills numbers S.  9019-A  and  A.
 11188-A, is amended to read as follows:
   a.  Any website [or internet service provider] that hosts or transmits
 a still or video image, viewable in  this  state,  taken  under  circum-
 stances where the person depicted had a reasonable expectation of priva-
 cy, which depicts:
   (i)  an  unclothed  or  exposed  intimate  part, as defined in section
 245.15 of the penal law, of a resident of this state; or
   (ii) a resident of this state engaging in sexual conduct as defined in
 subdivision ten of section 130.00 of the penal law with another  person;
 and
   4. This section shall not apply to the following:
   a. the reporting of unlawful conduct;
   b.  dissemination  or  publication of an intimate still or video image
 made during lawful  and  common  practices  of  law  enforcement,  legal
 proceedings or medical treatment;
   c. images involving voluntary exposure in a commercial setting; [or]
   d.  dissemination  or  publication of an intimate still or video image
 made for a legitimate public purpose; OR
   E. PROVIDERS OF AN INTERACTIVE COMPUTER SERVICE FOR IMAGES PROVIDED BY
 ANOTHER PERSON. FOR PURPOSES OF THIS SUBDIVISION, "INTERACTIVE  COMPUTER
 SERVICE"  SHALL MEAN: ANY INFORMATION SERVICE, SYSTEM OR ACCESS SOFTWARE
 PROVIDER THAT PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A
 COMPUTER  SERVER,  INCLUDING  SPECIFICALLY  A  SERVICE  OR  SYSTEM  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16352-01-8

 S. 9112                             2
 
 PROVIDES  ACCESS  TO  THE INTERNET AND SUCH SYSTEMS OPERATED OR SERVICES
 OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
   5.  Any  person  depicted  in  a  still or video image that depicts an
 unclothed or exposed intimate part of such person, or such person engag-
 ing in sexual conduct as defined in subdivision ten of section 130.00 of
 the penal law with another person, which is  disseminated  or  published
 without  the  consent of such person and where such person had a reason-
 able expectation of privacy, may maintain an action or special  proceed-
 ing  for  a  court  order  to  require  any website [or internet service
 provider] that is subject to personal jurisdiction under subdivision one
 of this section to permanently remove such still or video image.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter of the laws of 2018 amending the civil rights law
 and other laws relating to establishing the crime  of  unlawful  dissem-
 ination  or publication of an intimate image, as proposed in legislative
 bills numbers S. 9019-A and A. 11188-A, takes effect.

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Senate Bill S9112

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9112 (ACTIVE) - Details

2017-S9112 (ACTIVE) - Summary

2017-S9112 (ACTIVE) - Sponsor Memo

2017-S9112 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9112

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9112 (ACTIVE) - Details

2017-S9112 (ACTIVE) - Summary

2017-S9112 (ACTIVE) - Sponsor Memo

2017-S9112 (ACTIVE) - Bill Text download pdf

Comments