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
                                ___________
 
 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.