senate Bill S5603A

2017-2018 Legislative Session

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to consumer protection
Jun 16, 2017 print number 5603b
Jun 16, 2017 amend and recommit to rules
Jun 06, 2017 reported and committed to rules
May 25, 2017 print number 5603a
May 25, 2017 amend (t) and recommit to consumer protection
Apr 19, 2017 referred to consumer protection

Votes

view votes

Jun 6, 2017 - Consumer Protection committee Vote

S5603A
9
2
committee
9
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jun 6, 2017

nay (2)

Co-Sponsors

view additional co-sponsors

S5603 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S518

S5603 - Summary

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.

S5603 - Sponsor Memo

S5603 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5603

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 19, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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 prohibiting the
  disclosure of  personally  identifiable  information  by  an  internet
  service provider without the express written approval of the customer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-k to read as follows:
  § 399-K. DISCLOSURE  OF  PERSONALLY  IDENTIFIABLE  INFORMATION  BY  AN
INTERNET  SERVICE  PROVIDER;  PROHIBITED.  1.  FOR  THE PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONSUMER" MEANS A PERSON WHO AGREES TO PAY A FEE TO  AN  INTERNET
SERVICE  PROVIDER  FOR  ACCESS  TO THE INTERNET FOR PERSONAL, FAMILY, OR
HOUSEHOLD PURPOSES, AND WHO DOES NOT RESELL ACCESS.
  (B) "INTERNET  SERVICE  PROVIDER"  MEANS  A  BUSINESS  OR  PERSON  WHO
PROVIDES CONSUMERS AUTHENTICATED ACCESS TO, OR PRESENCE ON, THE INTERNET
BY  MEANS  OF  A  SWITCHED  OR DEDICATED TELECOMMUNICATIONS CHANNEL UPON
WHICH THE PROVIDER PROVIDES TRANSIT ROUTING OF  INTERNET  PROTOCOL  (IP)
PACKETS  FOR  AND  ON  BEHALF OF THE CONSUMER. INTERNET SERVICE PROVIDER
DOES NOT INCLUDE THE OFFERING, ON A COMMON CARRIER BASIS, OF  TELECOMMU-
NICATIONS  FACILITIES OR OF TELECOMMUNICATIONS BY MEANS OF THESE FACILI-
TIES.
  (C) "ORDINARY COURSE OF BUSINESS"  MEANS  DEBT-COLLECTION  ACTIVITIES,
ORDER FULFILLMENT, REQUEST PROCESSING, OR THE TRANSFER OF OWNERSHIP.
  (D) "PERSONALLY IDENTIFIABLE INFORMATION" MEANS INFORMATION THAT IDEN-
TIFIES:
  (I) A CONSUMER BY PHYSICAL OR ELECTRONIC ADDRESS OR TELEPHONE NUMBER;
  (II)  A CONSUMER AS HAVING REQUESTED OR OBTAINED SPECIFIC MATERIALS OR
SERVICES FROM AN INTERNET SERVICE PROVIDER;
  (III) INTERNET OR ONLINE SITES VISITED BY A CONSUMER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5603A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S518

S5603A - Summary

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.

S5603A - Sponsor Memo

S5603A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5603--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 19, 2017
                               ___________

Introduced  by  Sens.  CARLUCCI, ALCANTARA, HAMILTON, KAMINSKY, PERALTA,
  RANZENHOFER, SAVINO -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Consumer Protection --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the general business law, in relation to prohibiting the
  disclosure of  personally  identifiable  information  by  an  internet
  service provider without the express written approval of the consumer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-k to read as follows:
  § 399-K. DISCLOSURE  OF  PERSONALLY  IDENTIFIABLE  INFORMATION  BY  AN
INTERNET  SERVICE  PROVIDER;  PROHIBITED.  1.  FOR  THE PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONSUMER" MEANS A PERSON WHO AGREES TO PAY A FEE TO  AN  INTERNET
SERVICE  PROVIDER  FOR  ACCESS  TO THE INTERNET FOR PERSONAL, FAMILY, OR
HOUSEHOLD PURPOSES, AND WHO DOES NOT RESELL ACCESS.
  (B) "INTERNET SERVICE PROVIDER" (ISP) MEANS A BUSINESS ENTITY OR INDI-
VIDUAL WHO PROVIDES CONSUMERS AUTHENTICATED ACCESS TO, OR  PRESENCE  ON,
THE  INTERNET  BY  MEANS  OF  A SWITCHED OR DEDICATED TELECOMMUNICATIONS
CHANNEL UPON WHICH THE PROVIDER PROVIDES  TRANSIT  ROUTING  OF  INTERNET
PROTOCOL  PACKETS  FOR  AND  ON BEHALF OF THE CONSUMER. INTERNET SERVICE
PROVIDER DOES NOT INCLUDE THE OFFERING, ON A COMMON  CARRIER  BASIS,  OF
TELECOMMUNICATIONS FACILITIES OR OF TELECOMMUNICATIONS BY MEANS OF THESE
FACILITIES.
  (C) "PERSONALLY IDENTIFIABLE INFORMATION" MEANS INFORMATION THAT IDEN-
TIFIES:
  (I) A CONSUMER BY PHYSICAL OR ELECTRONIC ADDRESS OR TELEPHONE NUMBER;
  (II)  A  CONSUMER'S INTERNET SEARCH HISTORY OR INTERNET USAGE HISTORY;
OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5603B (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S518

S5603B (ACTIVE) - Summary

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.

S5603B (ACTIVE) - Sponsor Memo

S5603B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5603--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 19, 2017
                               ___________

Introduced  by  Sens.  CARLUCCI,  ALCANTARA,  BROOKS,  COMRIE, HAMILTON,
  KAMINSKY, PERALTA, SAVINO -- read twice and ordered printed, and  when
  printed  to  be  committed  to the Committee on Consumer Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee and committed to the Committee on Rules --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the general business law, in relation to prohibiting the
  disclosure of  personally  identifiable  information  by  an  internet
  service provider without the express written approval of the consumer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-k to read as follows:
  § 399-K. DISCLOSURE  OF  PERSONALLY  IDENTIFIABLE  INFORMATION  BY  AN
INTERNET  SERVICE  PROVIDER;  PROHIBITED.  1.  FOR  THE PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONSUMER" MEANS A PERSON WHO AGREES TO PAY A FEE TO  AN  INTERNET
SERVICE  PROVIDER  FOR  ACCESS  TO THE INTERNET FOR PERSONAL, FAMILY, OR
HOUSEHOLD PURPOSES, AND WHO DOES NOT RESELL ACCESS.
  (B) "INTERNET SERVICE PROVIDER" (ISP) MEANS A BUSINESS ENTITY OR INDI-
VIDUAL WHO PROVIDES CONSUMERS AUTHENTICATED ACCESS TO, OR  PRESENCE  ON,
THE  INTERNET  BY  MEANS  OF  A SWITCHED OR DEDICATED TELECOMMUNICATIONS
CHANNEL UPON WHICH THE PROVIDER PROVIDES  TRANSIT  ROUTING  OF  INTERNET
PROTOCOL  PACKETS  FOR  AND  ON BEHALF OF THE CONSUMER. INTERNET SERVICE
PROVIDER DOES NOT INCLUDE THE OFFERING, ON A COMMON  CARRIER  BASIS,  OF
TELECOMMUNICATIONS FACILITIES OR OF TELECOMMUNICATIONS BY MEANS OF THESE
FACILITIES.
  (C) "PERSONALLY IDENTIFIABLE INFORMATION" MEANS INFORMATION THAT IDEN-
TIFIES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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