Assembly Bill A5175

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5175
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain security features and warning labels on baby monitors
 
   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
 399-iii to read as follows:
   § 399-III. BABY MONITORS. 1. AS USED IN THIS SECTION,  "BABY  MONITOR"
 MEANS  A  DEVICE  THAT IS MARKETED EXCLUSIVELY FOR THE PURPOSE OF BROAD-
 CASTING AUDIO OR VIDEO OF AN INFANT OR CHILD. THE TERM SHALL NOT INCLUDE
 A MULTI-FUNCTIONAL DEVICE SUCH AS A SMART PHONE, DIGITAL  VIDEO  CAMERA,
 SECURITY CAMERA, OR OTHER SIMILAR DEVICE.
   2.  (A)  NO RETAILER, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION FOUR
 HUNDRED NINETY-A OF THIS CHAPTER, OR SECONDHAND DEALER,  AS  DEFINED  IN
 SUBDIVISION  SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER, SHALL
 SELL, OFFER FOR SALE, LEASE OR OTHERWISE MAKE AVAILABLE IN THIS STATE  A
 BABY  MONITOR  THAT  BROADCASTS  AUDIO  OR  VIDEO  THROUGH  AN  INTERNET
 CONNECTION UNLESS IT INCLUDES: (I) SECURITY FEATURES  TO  PREVENT  UNAU-
 THORIZED  USERS  FROM  HEARING  OR VIEWING ACTIVITY; AND (II) A LABEL OR
 NOTICE WARNING CONSUMERS OF THE RISKS ASSOCIATED WITH AN UNSECURED  BABY
 MONITOR  CONNECTION,  AND  THE  IMPORTANCE OF ACCESSING THE BABY MONITOR
 SECURELY AND USING ITS SECURITY FEATURES.
   (B) THE LABEL OR NOTICE REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVISION
 SHALL  BE DISPLAYED IN A WRITTEN, PRINTED, OR GRAPHIC MANNER ON THE BOX,
 CONTAINER, OR PACKAGE OF A BABY MONITOR, OR  SHALL  OTHERWISE  ACCOMPANY
 THE  BABY  MONITOR AT THE TIME OF ITS DISTRIBUTION OR SALE. THE INFORMA-
 TION ON THE LABEL SHALL BE  CONSPICUOUS  AND  EASILY  UNDERSTANDABLE  TO
 CONSUMERS AND BE SUBSTANTIALLY SIMILAR TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09221-01-5
 A. 5175                             2
 
              

   "WARNING!  THIS  BABY  MONITOR  ALLOWS  INTERNET USERS TO HEAR OR VIEW
 ACTIVITY. USE  THE  SECURITY  FEATURES  INCLUDED  WITH  THIS  DEVICE  TO
 RESTRICT INTERNET VIEWERSHIP."
   3. IT SHALL BE A DECEPTIVE ACT AND A VIOLATION OF ARTICLE TWENTY-TWO-A
 OF THIS CHAPTER TO SELL OR OFFER FOR SALE ANY BABY MONITOR WITHOUT SECU-
 RITY FEATURES AND A CORRESPONDING WARNING LABEL, AS REQUIRED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.