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This entry was published on 2014-09-22
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SECTION 390-C*2
Posting of warnings by commercial entities offering internet access to the public
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 390-c. Posting of warnings by commercial entities offering
internet access to the public. 1. For the purposes of this section, the
following terms shall have the following meanings:

(a) "Commercial entity" shall mean any entity doing business in New
York state that: (i) for profit, offers goods or services for sale; (ii)
stores personal information electronically; (iii) owns or operates a
wireless network, or local area network; and (iv) offers public internet
access whether for a fee or free of charge.

(b) "Local area network" shall mean a data communications system which
interconnects computer systems at various local sites via access line or
wire.

(c) "Firewall" shall mean a hardware device, software program or a
combination of the two that protects a computer network from
unauthorized access.

(d) "Public internet access" shall mean the ability of a person to log
onto the internet at a location other than that person's home, through
the use of a computer either owned by such person or provided to them by
another person or commercial entity, for the purpose of accessing the
internet.

(e) "Wireless network" shall mean a data communications system which
interconnects computer systems at various local sites via radio signal.

2. Any commercial entity that offers the public the ability to use
their computer for internet access shall conspicuously post a warning
sign in their establishment and/or on the wireless network at a point in
time prior to enabling the public to log on or gain access to the
network. Such warning sign shall state that "For the purposes of your
own protection and privacy, you are advised to install a firewall or
other computer security measures when accessing the internet". Such sign
shall include the internet address of the website created under
subdivision three of this section.

3. The department of state shall establish an internet security
website or webpage, that includes, but is not limited to, an explanation
of what a firewall is and the importance of other internet security
measures.

4. Any commercial entity that violates this section shall be subject
to a civil penalty of not more than one hundred dollars for the first
violation, not more than two hundred fifty dollars for the second
violation, and not more than five hundred dollars for each violation
thereafter. The provisions of subdivision two of this section may be
enforced concurrently by the director of a municipal consumer affairs
office, or by the town attorney, city corporation counsel, or other
lawful designee of a municipality or local government, and all moneys
collected thereunder shall be retained by such municipality or local
government.

* NB There are 2 § 390-c's