Senate Bill S3576

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3576
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the public service law, in relation to offering parental
   controls for internet services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  article
 12 to read as follows:
                                ARTICLE 12
                        INTERNET PARENTAL CONTROLS
 SECTION 300. DEFINITIONS.
         301. PARENTAL CONTROLS.
         302. ENFORCEMENT.
   § 300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "CHILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
   2. "INTERNET OR ANY OTHER COMPUTER NETWORK" MEANS THE COMPUTER NETWORK
 COMMONLY  KNOWN  AS THE INTERNET AND ANY OTHER LOCAL, REGIONAL OR GLOBAL
 COMPUTER NETWORK THAT IS SIMILAR TO OR IS A PREDECESSOR OR SUCCESSOR  OF
 THE INTERNET.
   3.  "INTERNET ACCESS PROVIDER" MEANS AN ENTITY THAT PROVIDES CONSUMERS
 WITH PUBLIC ACCESS TO THE INTERNET.
   4. "INTERACTIVE  COMPUTER  SERVICE"  MEANS  ANY  INFORMATION  SERVICE,
 SYSTEM,  OR  ACCESS  SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER
 ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY  A
 SERVICE  OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SUCH SYSTEMS
 OPERATED OR SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
   § 301. PARENTAL CONTROLS. 1. IF AN INTERNET ACCESS PROVIDER  KNOWS  OR
 HAS  REASON  TO  KNOW  FROM  REGISTRATION  DATA IN ITS POSSESSION THAT A
 SUBSCRIBER CURRENTLY RESIDES WITHIN THIS STATE, THE PROVIDER SHALL  MAKE
 AVAILABLE  TO  THE  SUBSCRIBER  A  PRODUCT OR SERVICE WHICH THE PROVIDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09602-01-9

 S. 3576                             2
 
 REASONABLY BELIEVES MAY ASSIST THE SUBSCRIBER TO CONTROL A  CHILD'S  USE
 OF  THE  INTERNET; PROVIDED HOWEVER, THAT INTERNET ACCESS PROVIDERS THAT
 PROVIDE INTERNET ACCESS VIA SPECTRUM REGULATED BY THE FCC,  PURSUANT  TO
 47 USC 301 ET SEQ OR ITS SUCCESSORS, SHALL MEET THE REQUIREMENTS OF THIS
 SECTION  WHEN  SUCH TECHNOLOGY IS REASONABLY AND COMMERCIALLY AVAILABLE.
 THE PRODUCT OR SERVICE MUST ENABLE, IN A COMMERCIALLY REASONABLE MANNER,
 THE SUBSCRIBER TO:
   (A) BLOCK A CHILD'S ACCESS TO SPECIFIC WEBSITES OR DOMAINS;
   (B) RESTRICT A CHILD'S ACCESS  EXCLUSIVELY  TO  SPECIFIC  WEBSITES  OR
 DOMAINS APPROVED BY THE SUBSCRIBER; AND
   (C)  ALLOW  THE  SUBSCRIBER  TO  MONITOR A CHILD'S USE OF THE INTERNET
 SERVICE BY PROVIDING A REPORT TO THE SUBSCRIBER OF THE SPECIFIC WEBSITES
 OR DOMAINS THAT THE CHILD HAS VISITED OR  HAS  ATTEMPTED  TO  VISIT  BUT
 COULD  NOT  ACCESS  BECAUSE  THE  WEBSITES  OR  DOMAINS  WERE BLOCKED OR
 RESTRICTED BY THE SUBSCRIBER.
   2. IF A PRODUCT OR SERVICE DESCRIBED IN THIS SECTION IS REASONABLY AND
 COMMERCIALLY AVAILABLE FOR THE TECHNOLOGY UTILIZED BY THE SUBSCRIBER  TO
 ACCESS THE INTERNET SERVICE, THE PROVIDER OF INTERNET SERVICE:
   (A)  SHALL  PROVIDE  TO  THE  SUBSCRIBER,  AT  OR  NEAR  THE  TIME  OF
 SUBSCRIPTION, NOTICE  OF  THE  AVAILABILITY  OF  A  PRODUCT  OR  SERVICE
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   (B) MAY MAKE A PRODUCT OR SERVICE DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION  AVAILABLE TO THE SUBSCRIBER EITHER DIRECTLY OR THROUGH A THIRD-
 PARTY VENDOR, AND MAY CHARGE FOR THE PRODUCT OR SERVICE.
   § 302. ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY BRING A  CIVIL  ACTION
 AGAINST  ANY  INTERNET  ACCESS  PROVIDER  THAT  VIOLATES THIS ARTICLE TO
 ENJOIN THE VIOLATION AND MAY RECOVER  A  CIVIL  PENALTY  OF  UP  TO  ONE
 HUNDRED DOLLARS PER VIOLATION OF THIS ARTICLE OR, FOR A PATTERN OR PRAC-
 TICE OF SUCH VIOLATIONS, OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
   2.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
 WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
 OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.