Senate Bill S9934

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9934
 
                             I N  S E N A T E
 
                              April 16, 2026
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use of stealth crawlers
 
   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
 48 to read as follows:
                                ARTICLE 48
                 NEW YORK STEALTH CRAWLER PROHIBITION ACT
 SECTION 1750. SHORT TITLE.
         1751. DEFINITIONS.
         1752. STEALTH CRAWLER PROHIBITION.
         1753. ENFORCEMENT.
         1754. SEVERABILITY.
   §  1750.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NEW YORK STEALTH CRAWLER PROHIBITION ACT".
   § 1751. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CRAWLER" MEANS SOFTWARE THAT RETRIEVES, SCANS, INDEXES, SCRAPES OR
 OTHERWISE ACCESSES A WEBSITE OR OTHER INTERNET SOURCE, INCLUDING BUT NOT
 LIMITED  TO AN ONLINE CRAWLER, SPIDER, FETCHER, CLIENT, BOT, USER AGENT,
 AI AGENT OR EQUIVALENT TOOL.
   2. "COVERED NEWS SITE" MEANS THE  WEBSITE  OF  ANY  PRINT  OR  DIGITAL
 PUBLICATION OR SERVICE WHICH:
   (A)  PERFORMS  A PUBLIC-INFORMATION FUNCTION COMPARABLE TO THAT TRADI-
 TIONALLY SERVED BY JOURNALISM ORGANIZATIONS, SUCH AS  NEWSPAPERS,  MAGA-
 ZINES AND OTHER PERIODICAL PUBLICATIONS;
   (B)  MAKES  A  SUBSTANTIAL  EXPENDITURE  OF LABOR, SKILL, AND MONEY TO
 CREATE, EDIT, PRODUCE  AND  DISTRIBUTE  CONTENT  INCLUDING  BY  ENGAGING
 NATURAL  PERSONS  TO CREATE, EDIT, PRODUCE AND DISTRIBUTE ORIGINAL TEXT,
 AUDIO, PHOTO, ILLUSTRATIVE OR VIDEO CONTENT CONCERNING MATTERS OR TOPICS
 OF INTEREST OR USE TO MEMBERS OF THE PUBLIC THROUGH ACTIVITIES  SUCH  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15525-01-6
              

 S. 9934                             2
 
 OBSERVATION,  VIDEO  RECORDING EVENTS, INTERVIEWS, RESEARCH, TESTING AND
 ANALYSIS;
   (C) PUBLISHES NEW CONTENT OR UPDATES ITS CONTENT ON AT LEAST A MONTHLY
 BASIS AND HAS A PROCESS FOR ERROR CORRECTION AND CLARIFICATION; AND
   (D)  HAS  AT LEAST ONE THOUSAND MONTHLY ACTIVE USERS OR SUBSCRIBERS IN
 NEW YORK.
   3. "JOURNALISM PROVIDER" MEANS  ANY  PERSON  THAT  OWNS  ONE  OR  MORE
 COVERED NEWS SITES.
   4.  "PERSON"  MEANS  ANY  INDIVIDUAL, PARTNERSHIP, CORPORATION, TRUST,
 ESTATE, CO-OPERATIVE, ASSOCIATION, GOVERNMENT OR  GOVERNMENTAL  SUBDIVI-
 SION, AGENCY OR OTHER ENTITY.
   5. "SERVICE PROVIDER" MEANS AN ENTITY OFFERING THE TRANSMISSION, ROUT-
 ING  OR  PROVIDING  OF  CONNECTIONS  FOR  DIGITAL ONLINE COMMUNICATIONS,
 BETWEEN OR AMONG POINTS SPECIFIED BY A USER, OF MATERIAL OF SUCH  USER'S
 CHOOSING, WITHOUT MODIFICATION TO THE CONTENT OF THE MATERIAL AS SENT OR
 RECEIVED, INCLUDING AN ENTITY THAT PROVIDES INTERNET ACCESS SERVICES.
   6. "STEALTH CRAWLER" MEANS A CRAWLER THAT ACCESSES A COVERED NEWS SITE
 WITHOUT  PRIOR  DISCLOSURE OF ITS IDENTITY AND PURPOSE, IN PARTICULAR BY
 FAILING TO:
   (A) IDENTIFY ITSELF INCLUDING VIA  A  VALID  AND  ACCURATE  USER-AGENT
 STRING,  WHICH  SHALL  STATE THE IDENTITY OF ANY SOFTWARE PRODUCT MAKING
 THE REQUEST, THE VERSION OF SUCH SOFTWARE PRODUCT AND  THE  IDENTITY  OF
 THE COMPANY BEHIND SUCH SOFTWARE PRODUCT; AND
   (B)  DISCLOSE  THE  SPECIFIC NATURE AND PURPOSE OF SUCH CRAWLER, WHICH
 SHALL INCLUDE ALL USES AND PURPOSES THAT THE CONTENT OF THE COVERED NEWS
 SITE COULD BE USED FOR, AT THE TIME ACCESS IS REQUESTED AND IN A  FORMAT
 THAT THE JOURNALISM PROVIDER CAN ACCESS.
   §  1752.  STEALTH CRAWLER PROHIBITION. IT SHALL BE A VIOLATION OF THIS
 ARTICLE FOR ANY PERSON TO DEPLOY A STEALTH  CRAWLER  IN  A  MANNER  THAT
 WOULD  DAMAGE,  IMPAIR OR BURDEN THE OPERATION OF A COVERED NEWS SITE OR
 OTHERWISE CAUSE A NEWS SITE ECONOMIC HARM.
   § 1753. ENFORCEMENT. 1. ANY JOURNALISM  PROVIDER  WHOSE  COVERED  NEWS
 SITE  IS  ACCESSED  IN  VIOLATION  OF THIS ARTICLE SHALL HAVE A CAUSE OF
 ACTION AS FOLLOWS:
   (A) TO ENJOIN SUCH VIOLATION OR VIOLATIONS;
   (B) TO RECOVER ACTUAL MONETARY LOSS FROM SUCH VIOLATION OR  VIOLATIONS
 OR  TO  RECEIVE TEN THOUSAND DOLLARS IN DAMAGES FOR EACH SUCH VIOLATION,
 WHICHEVER IS GREATER; AND
   (C) UPON ANY SUCCESSFUL ACTION UNDER THIS  SECTION  TO  RECOVER  THEIR
 ATTORNEYS' FEES.
   2.  (A)  PURSUANT TO SUBDIVISION (C) OF SECTION THIRTY-ONE HUNDRED TWO
 OF THE CIVIL PRACTICE LAW AND RULES, A JOURNALISM PROVIDER  MAY  REQUEST
 THE  CLERK  OF THE SUPREME COURT, OR A JUDGE WHERE THERE IS NO CLERK, TO
 ISSUE A SUBPOENA PRIOR TO THE INSTITUTION OF AN  ACTION,  TO  A  SERVICE
 PROVIDER FOR IDENTIFICATION OF AN ALLEGED VIOLATOR.
   (B)  THE  CLERK,  OR  THE  JUDGE  WHERE THERE IS NO CLERK, SHALL EXPE-
 DITIOUSLY ISSUE AND SIGN THE PROPOSED SUBPOENA  AND  RETURN  IT  TO  THE
 JOURNALISM PROVIDER FOR DELIVERY TO THE SERVICE PROVIDER.
   (C)  THE  SUBPOENA  SHALL  AUTHORIZE  AND  ORDER  THE SERVICE PROVIDER
 RECEIVING SUCH SUBPOENA TO  EXPEDITIOUSLY  DISCLOSE  TO  THE  JOURNALISM
 PROVIDER  INFORMATION SUFFICIENT TO IDENTIFY THE ALLEGED VIOLATOR TO THE
 EXTENT SUCH INFORMATION IS AVAILABLE TO SUCH SERVICE PROVIDER.
   (D) A SUBPOENA ISSUED UNDER THIS SECTION  SHALL  INCLUDE  A  PROVISION
 REQUIRING THE PRESERVATION OF ANY RELEVANT EVIDENCE IN THE POSSESSION OF
 THE SERVICE PROVIDER.
 S. 9934                             3
 
   §  1754.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
 DICTION  TO  BE  INVALID  AND  AFTER  EXHAUSTION OF ALL FURTHER JUDICIAL
 REVIEW, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE  REMAIN-
 DER  THEREOF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE,
 SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ACT  DIRECTLY  INVOLVED  IN
 THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.