S T A T E O F N E W Y O R K
________________________________________________________________________
3398
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring all
devices with internet capability to have digital blocking capability
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
392-aa to read as follows:
§ 392-AA. DEVICES WITH INTERNET CAPABILITY. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DEVICE WITH INTERNET CAPABILITY" SHALL MEAN A COMPUTER OR A
MOBILE DEVICE;
(B) "DIGITAL BLOCKING CAPABILITY" SHALL MEAN A WAY TO MAKE CERTAIN
MATERIAL INACCESSIBLE.
2. NO DEVICE WITH INTERNET CAPABILITY SHALL BE SOLD OR DISTRIBUTED
UNLESS (A) SUCH DEVICE CONTAINS DIGITAL BLOCKING CAPABILITY; AND (B) THE
MANUFACTURER DOES THE FOLLOWING:
(1) MAKES REASONABLE AND ONGOING EFFORTS TO ENSURE THAT THE DIGITAL
CONTENT BLOCKING CAPABILITY FUNCTIONS PROPERLY;
(2) ESTABLISHES A REPORTING MECHANISM FOR OWNERS OF SUCH DEVICES
CONCERNING ISSUES WITH THE DIGITAL BLOCKING CAPABILITY FUNCTIONS;
(3) ENSURE THAT ALL PORNOGRAPHY FEATURING CHILDREN IS INACCESSIBLE ON
THE DEVICE;
(4) PROHIBIT THE DEVICE FROM ACCESSING ANY HUB THAT FACILITATES PROS-
TITUTIONS;
(5) RENDER WEBSITES KNOWN TO FACILITATE HUMAN TRAFFICKING INACCESSI-
BLE; AND
(6) UNBLOCK ANY DIGITAL CONTENT INCORRECTLY MADE INACCESSIBLE WITHIN A
MAXIMUM OF FIVE DAYS FROM REPORT OF SUCH FROM A CONSUMER.
3. NOTWITHSTANDING SUBPARAGRAPHS THREE, FOUR AND FIVE OF PARAGRAPH (B)
OF SUBDIVISION TWO OF THIS SECTION, ANY DIGITAL BLOCKING CAPABILITY MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06512-01-9
A. 3398 2
BE DEACTIVATED UPON WRITTEN REQUEST BY A CONSUMER OVER THE AGE OF EIGH-
TEEN, WHO (A) PROVIDES VERIFICATION OF SUCH; (B) HAS RECEIVED A WARNING,
IN WRITING, WHICH STATES THE POTENTIAL DANGERS OF DEACTIVATION AND (C)
HAS PAID A ONE-TIME DIGITAL ACCESS FEE OF TWENTY DOLLARS. SUCH FEE
SHALL BE SUBMITTED TO THE STATE TREASURER, WHO SHALL FORWARD SUCH FEES
TO THE OFFICE OF THE ATTORNEY GENERAL'S HUMAN TRAFFICKING DIVISION.
4. IF A CONSUMER REQUESTS A MANUFACTURER TO UNBLOCK FILTERED CONTENT
AND IT REMAINS BLOCKED, HE OR SHE MAY SEEK JUDICIAL RELIEF.
5. IF A CONSUMER OR A MANUFACTURER FAILS TO RESPOND TO A REPORT FROM A
CONSUMER, A CIVIL SUIT MAY BE FILED BY THE CONSUMER OR THE ATTORNEY
GENERAL AND MAY SEEK DAMAGES OF UP TO FIVE HUNDRED DOLLARS FOR EACH
PIECE OF DIGITAL CONTENT THAT WAS REPORTED BUT NOT SUBSEQUENTLY BLOCKED.
THE PREVAILING PARTY IN THE CIVIL ACTION MAY SEEK ATTORNEYS' FEES.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.