Bill Text: NJ A3581 | 2016-2017 | Regular Session | Chaptered

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Bill Title: Requires Internet-connected baby monitors to include security features.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2017-05-11 - Approved P.L.2017, c.81. [A3581 Detail]

Download: New_Jersey-2016-A3581-Chaptered.html

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§1 - C.56:8-207

§2 - Note

 

P.L.2017, CHAPTER 81, approved May 11, 2017

Assembly, No. 3581 (Fourth Reprint)

 

 

An Act concerning baby ⁴[monitors] monitor security features⁴ and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     ³[1. a.  ²[A] No² baby monitor that broadcasts audio or video through an Internet connection ²[and is manufactured, sold, offered for sale, or distributed in this State shall include] shall be sold or offered for sale in the State unless it includes²: (1) security features to prevent unauthorized users from hearing or viewing activity; and (2) 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.  The label or notice 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 information on the label shall be conspicuous and easily understandable to consumers and be substantially similar to the following: 

     "WARNING!  THIS BABY MONITOR ALLOWS INTERNET USERS TO HEAR OR VIEW ACTIVITY.  USE THE SECURITY FEATURES INCLUDED WITH THIS DEVICE TO RESTRICT INTERNET VIEWERSHIP."

     b.    It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to ²[manufacture, sell, offer for sale, or distribute] sell or offer for sale² any baby monitor without security features and a corresponding warning label, as required pursuant to subsection a. of this section.

     ¹c.   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 ²include² a multi-functional device such as a smart phone, digital video camera, security camera, or other similar device.¹

     ¹[c.] d.¹  The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of the Department of Children and Families, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.]³

     ³1.   a.  A baby monitor that broadcasts audio or video through an Internet connection and is manufactured, sold, offered for sale, or distributed in this State shall:

     (1)   provide end-to-end encryption;

     (2)   provide Certificate-based Authentication for manufacturer access when obtaining updates, registering, or relaying audio or video between Internet servers;

     (3)   prohibit unauthenticated access, including prohibiting implied third-party trusted access;

     (4)   prevent a consumer from disabling security measures; and

     (5)   include conspicuous and easily understandable instructions supplied by the manufacturer notifying consumers about the proper use of the baby monitor and its security enhancement. 

     b.    It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture, sell, offer for sale, or distribute any baby monitor that does not meet the requirements of subsection a. of this section.

     c.     The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Children and Families, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act. 

     d.    For the purposes of 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.³

 

     2.    This act shall take effect on the first day of the ³[third] 19th³ month next following the date of enactment.

 

 

                                

 

     Requires Internet-connected baby monitors to include security features.