Bill Text: NY A00724 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the use of voice recognition features on certain products.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Engrossed - Dead) 2018-06-04 - COMMITTED TO RULES [A00724 Detail]
Download: New_York-2017-A00724-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 724--B Cal. No. 57 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. GUNTHER, ORTIZ, ZEBROWSKI, HOOPER, WALLACE, WILLIAMS, GLICK, MONTESANO, GALEF, D'URSO, BLAKE, SANTABARBARA -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, FRIEND, M. L. MILLER, NOLAN, SIMON -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the general business law, in relation to the use of voice recognition features The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 32-A to read as follows: 3 ARTICLE 32-A 4 VOICE RECOGNITION FEATURES 5 Section 676. Use of voice recognition features in products. 6 § 676. Use of voice recognition features in products. 1. For purposes 7 of this section, the following definitions shall apply: 8 (a) "Connected device" shall mean a television, video game console as 9 defined in section three hundred ninety-six-kk of this chapter, computer 10 as defined in section three hundred ninety-two-a of this chapter, 11 computer accessory as defined in section three hundred ninety-two-a of 12 this chapter, internet-capable device as defined in section five hundred 13 thirty-eight-b of this chapter, or a toy as defined in paragraph (d) of 14 this subdivision. 15 (b) "User" means a person who originally purchases, leases, or takes 16 ownership of a connected device. A person who is incidentally recorded 17 when a voice recognition feature is activated by a user shall not be 18 deemed to be a user. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03763-04-8A. 724--B 2 1 (c) "Voice recognition feature" means the function of a connected 2 device that allows the collection, recording, storage, analysis, trans- 3 mission, interpretation, or other use of spoken words or other sounds. 4 (d) "Toy" means any product designed or intended by the manufacturer 5 to be used by children or adults for amusement or play. 6 2. (a) A person or entity shall not provide the operation of a voice 7 recognition feature within this state without prominently informing, 8 during the initial setup or installation of a connected device, either 9 the user or the person designated by the user to perform the initial 10 setup or installation of the connected device of the functions of the 11 device, that the device may be recording the user, and that the entity 12 that makes the device may be retaining such recordings. 13 (b) Any recordings collected through the operation of a voice recogni- 14 tion feature by the manufacturer of a connected device shall not be sold 15 or used for any advertising purposes. 16 (c) Any recordings collected through the operation of a voice recogni- 17 tion feature by a third party contracting with the manufacturer of a 18 connected device shall not be sold or used for any advertising purposes. 19 (d) The manufacturer of a connected device shall not be liable for 20 functionality provided by third party applications that the user chooses 21 to use or are downloaded and installed by a user. 22 3. Nothing in this section shall be construed to authorize disclosure 23 of any recordings retained by the manufacturer to any individual or 24 entity, including a law enforcement agency, or any officer, employee, or 25 agent of such agency, unless otherwise authorized by law or pursuant to 26 a judicial order. 27 4. (a) Whenever the attorney general shall believe from evidence 28 satisfactory to him or her that there is a violation of this section, he 29 or she may bring an action in the name and on behalf of the people of 30 the state of New York, in a court of competent jurisdiction to enjoin 31 and restrain the continuation of such violation. In such action, prelim- 32 inary relief may be granted under article sixty-three of the civil prac- 33 tice law and rules. In such action, the court may award damages for 34 actual costs or losses incurred by the consumer. Whenever the court 35 shall determine in such action that a person or business violated this 36 section, the court may impose a civil penalty of two thousand five 37 hundred dollars per violation. 38 (b) The remedies provided by this subdivision shall be in addition to 39 any other lawful remedy available. 40 § 2. This act shall take effect on the one hundred twentieth day after 41 it shall have become a law.
