Legislation
SECTION 399-III
Baby monitors
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-iii. Baby monitors. 1. As used in this section, "baby monitor"
means a device that is marketed exclusively for the purpose of
broadcasting 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 person, firm, partnership, association, or corporation shall
manufacture, distribute, sell or offer for sale a new baby monitor that
broadcasts audio or video through an internet connection unless it
includes: (i) security features to prevent unauthorized 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 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 in type no less
than size twelve-point font. The information on the label shall be
conspicuous and easily understandable to consumers and be substantially
similar to the following:
"WARNING! THIS PRODUCT CONNECTS TO THE INTERNET. TO PREVENT
UNAUTHORIZED USERS FROM ACCESSING OR VIEWING PRODUCT ACTIVITY, USE THE
SECURITY FEATURES PROVIDED."
3. Manufacturers shall be responsible for ensuring that all baby
monitors have the security features to prevent unauthorized users from
hearing or viewing activities and the warning label as required by
subdivision two of this section.
4. Any person, firm, partnership, association, or corporation in
violation of this section shall be subject to a civil penalty of not
more than two hundred fifty dollars for a first violation and not more
than five hundred dollars for a second or subsequent violation of this
section. The provisions of this section shall be enforced concurrently
by the director or commissioner of a municipal consumer affairs office,
or by the town attorney, city corporation counsel, or other lawful
designee of a municipal or local government, and all moneys collected
thereunder shall be retained by such municipality or local government.
* NB Effective January 26, 2027
means a device that is marketed exclusively for the purpose of
broadcasting 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 person, firm, partnership, association, or corporation shall
manufacture, distribute, sell or offer for sale a new baby monitor that
broadcasts audio or video through an internet connection unless it
includes: (i) security features to prevent unauthorized 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 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 in type no less
than size twelve-point font. The information on the label shall be
conspicuous and easily understandable to consumers and be substantially
similar to the following:
"WARNING! THIS PRODUCT CONNECTS TO THE INTERNET. TO PREVENT
UNAUTHORIZED USERS FROM ACCESSING OR VIEWING PRODUCT ACTIVITY, USE THE
SECURITY FEATURES PROVIDED."
3. Manufacturers shall be responsible for ensuring that all baby
monitors have the security features to prevent unauthorized users from
hearing or viewing activities and the warning label as required by
subdivision two of this section.
4. Any person, firm, partnership, association, or corporation in
violation of this section shall be subject to a civil penalty of not
more than two hundred fifty dollars for a first violation and not more
than five hundred dollars for a second or subsequent violation of this
section. The provisions of this section shall be enforced concurrently
by the director or commissioner of a municipal consumer affairs office,
or by the town attorney, city corporation counsel, or other lawful
designee of a municipal or local government, and all moneys collected
thereunder shall be retained by such municipality or local government.
* NB Effective January 26, 2027