Assembly Bill A5468A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5468--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, ZEBROWSKI, WALLACE, GLICK, SANTABARBARA,
   BUTTENSCHON,  OTIS,  SAYEGH -- read once and referred to the Committee
   on Consumer Affairs and Protection -- reported  and  referred  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in  relation  to  the  use  of
   voice recognition features
 
   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 article
 32-A to read as follows:
                                ARTICLE 32-A
                        VOICE RECOGNITION FEATURES
 SECTION 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS.
   § 676. USE OF VOICE RECOGNITION FEATURES IN PRODUCTS. 1. FOR  PURPOSES
 OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (A)  "CONNECTED DEVICE" SHALL MEAN A TELEVISION, VIDEO GAME CONSOLE AS
 DEFINED IN SECTION THREE HUNDRED NINETY-SIX-KK OF THIS CHAPTER, COMPUTER
 AS DEFINED IN  SECTION  THREE  HUNDRED  NINETY-TWO-A  OF  THIS  CHAPTER,
 COMPUTER  ACCESSORY  AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF
 THIS CHAPTER, INTERNET-CAPABLE DEVICE AS DEFINED IN SECTION FIVE HUNDRED
 THIRTY-EIGHT-B OF THIS CHAPTER, OR A TOY AS DEFINED IN PARAGRAPH (D)  OF
 THIS SUBDIVISION.
   (B)  "USER"  MEANS A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR TAKES
 OWNERSHIP OF A CONNECTED DEVICE. A PERSON WHO IS  INCIDENTALLY  RECORDED
 WHEN  A  VOICE  RECOGNITION  FEATURE IS ACTIVATED BY A USER SHALL NOT BE
 DEEMED TO BE A USER.
   (C) "VOICE RECOGNITION FEATURE" MEANS  THE  FUNCTION  OF  A  CONNECTED
 DEVICE  THAT ALLOWS THE COLLECTION, RECORDING, STORAGE, ANALYSIS, TRANS-
 MISSION, INTERPRETATION, OR OTHER USE OF SPOKEN WORDS OR OTHER SOUNDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03475-02-3
 A. 5468--A                          2
              

 
   (D) "TOY" MEANS ANY PRODUCT DESIGNED OR INTENDED BY  THE  MANUFACTURER
 TO BE USED BY CHILDREN OR ADULTS FOR AMUSEMENT OR PLAY.
   2.  (A)  A PERSON OR ENTITY SHALL NOT PROVIDE THE OPERATION OF A VOICE
 RECOGNITION FEATURE WITHIN THIS  STATE  WITHOUT  PROMINENTLY  INFORMING,
 DURING  THE  INITIAL SETUP OR INSTALLATION OF A CONNECTED DEVICE, EITHER
 THE USER OR THE PERSON DESIGNATED BY THE USER  TO  PERFORM  THE  INITIAL
 SETUP  OR  INSTALLATION  OF THE CONNECTED DEVICE OF THE FUNCTIONS OF THE
 DEVICE, THAT THE DEVICE MAY BE RECORDING THE USER, AND THAT  THE  ENTITY
 THAT MAKES THE DEVICE MAY BE RETAINING THESE RECORDINGS.
   (B) ANY RECORDINGS COLLECTED THROUGH THE OPERATION OF A VOICE RECOGNI-
 TION FEATURE BY THE MANUFACTURER OF A CONNECTED DEVICE SHALL NOT BE SOLD
 OR USED FOR ANY ADVERTISING PURPOSES.
   (C) ANY RECORDINGS COLLECTED THROUGH THE OPERATION OF A VOICE RECOGNI-
 TION  FEATURE  BY  A  THIRD PARTY CONTRACTING WITH THE MANUFACTURER OF A
 CONNECTED DEVICE SHALL NOT BE SOLD OR USED FOR ANY ADVERTISING PURPOSES.
   (D) THE MANUFACTURER OF A CONNECTED DEVICE SHALL  NOT  BE  LIABLE  FOR
 FUNCTIONALITY PROVIDED BY THIRD PARTY APPLICATIONS THAT THE USER CHOOSES
 TO USE OR ARE DOWNLOADED AND INSTALLED BY A USER.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE DISCLOSURE
 OF ANY RECORDINGS RETAINED BY THE  MANUFACTURER  TO  ANY  INDIVIDUAL  OR
 ENTITY, INCLUDING A LAW ENFORCEMENT AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 AGENT  OF SUCH AGENCY, UNLESS OTHERWISE AUTHORIZED BY LAW OR PURSUANT TO
 A JUDICIAL ORDER.
   4. (A) WHENEVER THE  ATTORNEY  GENERAL  SHALL  BELIEVE  FROM  EVIDENCE
 SATISFACTORY TO HIM OR HER THAT THERE IS A VIOLATION OF THIS SECTION, HE
 OR  SHE  MAY  BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE OF
 THE STATE OF NEW YORK, IN A COURT OF COMPETENT  JURISDICTION  TO  ENJOIN
 AND RESTRAIN THE CONTINUATION OF SUCH VIOLATION. IN SUCH ACTION, PRELIM-
 INARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRAC-
 TICE  LAW  AND  RULES.   IN SUCH ACTION, THE COURT MAY AWARD DAMAGES FOR
 ACTUAL COSTS OR LOSSES INCURRED BY THE CONSUMER.    WHENEVER  THE  COURT
 SHALL  DETERMINE  IN SUCH ACTION THAT A PERSON OR BUSINESS VIOLATED THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND
 FIVE HUNDRED DOLLARS PER VIOLATION.
   (B) THE REMEDIES PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION  TO
 ANY OTHER LAWFUL REMEDY AVAILABLE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.