Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Aug 12, 2022 | referred to consumer affairs and protection |
Archive: Last 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
A10677 (ACTIVE) - Details
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-aaaa, Gen Bus L
A10677 (ACTIVE) - Summary
Prohibits digital advertisers from establishing a virtual "geofence" around a health care facility that enables the advertiser to send targeted advertisements to any cellphones or mobile devices that enter such health care facility; prohibits the delivery of digital advertisements to persons in a health care facility using geofencing technology.
A10677 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10677 I N A S S E M B L Y August 12, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen- thal) -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting geofencing by digital advertisers at health care facilities 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 396-aaaa to read as follows: § 396-AAAA. PROHIBITION ON GEOFENCING. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "DIGITAL ADVERTISER" SHALL MEAN ANY PERSON, CORPORATION, PARTNER- SHIP OR ASSOCIATION THAT DELIVERS DIGITAL ADVERTISEMENTS BY ELECTRONIC MEANS. B. "DIGITAL ADVERTISEMENT" SHALL INCLUDE ANY COMMUNICATION DELIVERED BY ELECTRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF MARKETING, SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDIRECTLY, TO GOODS OR SERVICES PROVIDED BY THE DIGITAL ADVERTISER OR A THIRD PARTY. C. "DELIVERED BY ELECTRONIC MEANS" SHALL INCLUDE DELIVERY TO AN ELEC- TRONIC MAIL ADDRESS, POSTING ON AN ELECTRONIC NETWORK OR SITE ACCESSIBLE VIA THE INTERNET, MOBILE APPLICATION, COMPUTER, MOBILE DEVICE, TABLET, OR ANY OTHER ELECTRONIC DEVICE USED BY A NATURAL PERSON. D. "GEOFENCING" SHALL MEAN A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM COORDINATES, CELL TOWER CONNECTIVITY, CELLULAR DATA, RADIO FREQUENCY IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION, TO ESTABLISH A VIRTUAL BOUNDARY OR "GEOFENCE" AROUND A PARTICULAR LOCATION THAT ALLOWS A DIGITAL ADVERTISER TO TRACK THE LOCATION OF AN INDIVIDUAL USER AND ELECTRONICALLY DELIVER TARGETED DIGITAL ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE UPON SUCH USER'S ENTRY INTO THE GEOFENCED AREA. E. "HEALTH CARE FACILITY" SHALL MEAN ANY GOVERNMENTAL OR PRIVATE AGEN- CY, DEPARTMENT, INSTITUTION, CLINIC, LABORATORY, HOSPITAL, PHYSICIAN'S OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION, ASSOCI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.