S T A T E O F N E W Y O R K
________________________________________________________________________
5323
2017-2018 Regular Sessions
I N A S S E M B L Y
February 8, 2017
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Operations
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
A. 5323 2
2. SEARCH ENGINES, INDEXERS, PUBLISHERS AND ANY OTHER PERSONS OR ENTI-
TIES THAT MAKE AVAILABLE, ON THE INTERNET OR OTHER WIDELY USED COMPU-
TER-BASED NETWORK, PROGRAM OR SERVICE, CONTENT ABOUT AN INDIVIDUAL
WHICH, WITHIN THIRTY DAYS AFTER RECEIVING A REMOVAL REQUEST, HAVE NOT
REMOVED ALL REQUESTED INFORMATION AND CONTENT THAT IS INACCURATE, IRREL-
EVANT, INADEQUATE OR EXCESSIVE, AND WITHOUT REPLACING SUCH REMOVED
INFORMATION 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, SHALL BE
SUBJECT TO, AS ADMINISTERED BY THE SECRETARY OF STATE, EITHER AN ACTION
FOR ACTUAL MONETARY LOSS FOR EACH SUCH VIOLATION, OR STATUTORY DAMAGES
IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS AFTER SUCH REMOVAL REQUEST
FOR EACH DAY OF SUCH VIOLATION, WHICHEVER IS GREATER. IN ADDITION TO
SUCH PENALTY, ANY SUCH PARTY WHO DOES NOT TIMELY REMOVE ANY SUCH INFOR-
MATION, ARTICLE, CONTENT, LINKS OR INDEXES ALSO SHALL BE LIABLE TO AND
SHALL PAY TO THE REQUESTER ANY AND ALL COSTS AND ATTORNEY'S FEES
INCURRED WHILE ENFORCING HIS OR HER RIGHTS UNDER THIS ACT.
3. THE SECRETARY OF STATE SHALL OVERSEE ALL RIGHT TO BE FORGOTTEN
REQUESTS, FILINGS, TAKEDOWNS AND IF APPLICABLE, ANY PENALTIES, JUDG-
MENTS, COSTS AND/OR ATTORNEY'S FEES.
§ 2. Subdivision 3 of section 215 of the civil practice law and rules
is amended and a new subdivision 9 is added to read as follows:
3. an action to recover damages for assault, battery, false imprison-
ment, malicious prosecution, libel, EXCEPT LIBEL AS DEFINED UNDER SUBDI-
VISION NINE OF THIS SECTION, slander, false words causing special
damages, or a violation of the right of privacy under section fifty-one
of the civil rights law;
9. AN ACTION FOR LIBEL FOR PUBLICATIONS ON THE INTERNET OR OTHER WIDE-
LY USED COMPUTER-BASED NETWORK, PROGRAM OR SERVICE. THE STATUTE OF LIMI-
TATIONS SHALL BEGIN TO ACCRUE WHEN THE INFORMATION, ARTICLE OR OTHER
CONTENT IS COMPLETELY REMOVED FROM THE INTERNET OR OTHER WIDELY USED
COMPUTER-BASED NETWORK, PROGRAM OR SERVICE, REGARDLESS OF WHETHER SUCH
CONTENT ALSO WAS OR IS PUBLISHED ELSEWHERE, AND REGARDLESS OF WHEN SUCH
CONTENT WAS FIRST PUBLISHED ON THE INTERNET OR OTHERWISE.
§ 3. Each and all of the sections and provisions of this act, shall
apply to all articles and other content that either is presently being
made available on the internet, or other widely used computer-based
network, program or service, regardless of when such articles and other
content was first so or otherwise posted, published or otherwise made
available, or is so made available at a future date, and regardless of
whether the respondent search engine, indexer, publisher or other person
or entity is located within or without the state of New York or the
United States of America, to the fullest extent permitted by the United
States Constitution.
§ 4. This act shall take effect immediately.