assembly Bill A3818

2019-2020 Legislative Session

Relates to establishing the online consumer protection act

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2019 referred to consumer affairs and protection

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Multi-Sponsors

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A3818 (ACTIVE) - Details

See Senate Version of this Bill:
S2323
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
2017-2018: A3367, A9691, S8149

A3818 (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.

A3818 (ACTIVE) - Bill Text download pdf


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

                                  3818

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced  by  M.  of  A.  ROZIC, ORTIZ, PERRY, COLTON, TITUS, GUNTHER,
  LUPARDO,  JAFFEE,  O'DONNELL,  CUSICK,  ZEBROWSKI,  BENEDETTO,  GALEF,
  CAHILL,  PRETLOW, L. ROSENTHAL, WEPRIN, QUART -- Multi-Sponsored by --
  M. of A. ARROYO, DINOWITZ, GOTTFRIED, HEVESI, PEOPLES-STOKES  --  read
  once and referred to the Committee on Consumer Affairs and 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,

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

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