senate Bill S8149

2017-2018 Legislative Session

Relates to establishing the online consumer protection act

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2018 referred to consumer protection

S8149 (ACTIVE) - Details

See Assembly Version of this Bill:
A9691
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1393
2011-2012: A4809
2013-2014: A1117
2015-2016: A5830
2019-2020: S2323, A3818

S8149 (ACTIVE) - Summary

Relates to establishing the online consumer protection act; defines terms; provides that an advertising network shall post clear and conspicuous notice on the home page of its own website about its privacy policy and its data collection and use practices related to its advertising delivery activities; makes related provisions.

S8149 (ACTIVE) - Sponsor Memo

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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