Assembly Bill A4920

2023-2024 Legislative Session

Prohibits geofencing by digital advertisers at health care facilities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4920 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaaa, Gen Bus L

2023-A4920 (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.

2023-A4920 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4920
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, DINOWITZ, SIMON, SEAWRIGHT, KELLES,
   FORREST,  SILLITTI  --  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 THE PROCESS OF IDENTIFYING WHETHER A DEVICE
 ENTERS, EXITS, OR IS PRESENT WITHIN A GEOGRAPHIC AREA THROUGH THE USE OF
 ANY INFORMATION STORED, TRANSMITTED, OR RECEIVED BY SUCH DEVICE, INCLUD-
 ING  BUT  NOT  LIMITED TO LATITUDE, LONGITUDE, GLOBAL POSITIONING SYSTEM
 COORDINATES, INTERNET PROTOCOL ADDRESS, WIRELESS INTERNET ACCESS  INFOR-
 MATION, BLUETOOTH TECHNOLOGY, NEAR-FIELD COMMUNICATION INFORMATION, CELL
 TOWER  CONNECTIVITY, DEVICE IDENTIFICATION INFORMATION, AND/OR ANY OTHER
 FORM OF LOCATION DETECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03292-01-3

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