Bill Text: NY A05306 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the use of voice recognition features on certain products.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced) 2019-02-08 - referred to consumer affairs and protection [A05306 Detail]

Download: New_York-2019-A05306-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5306
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced  by  M.  of  A. GUNTHER, ORTIZ, ZEBROWSKI, WALLACE, WILLIAMS,
          GLICK, GALEF, D'URSO, BLAKE, SANTABARBARA,  MONTESANO  --  Multi-Spon-
          sored by -- M. of A.  ENGLEBRIGHT, FRIEND, M. L. MILLER, SIMON -- read
          once and referred to the Committee on Consumer Affairs and Protection
        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.
    19    (c)  "Voice  recognition  feature"  means  the function of a connected
    20  device that allows the collection, recording, storage, analysis,  trans-
    21  mission, interpretation, or other use of spoken words or other sounds.
    22    (d)  "Toy"  means any product designed or intended by the manufacturer
    23  to be used by children or adults for amusement or play.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06436-01-9

        A. 5306                             2
     1    2. (a) A person or entity shall not provide the operation of  a  voice
     2  recognition  feature  within  this  state without prominently informing,
     3  during the initial setup or installation of a connected  device,  either
     4  the  user  or  the  person designated by the user to perform the initial
     5  setup  or  installation  of the connected device of the functions of the
     6  device, that the device may be recording the user, and that  the  entity
     7  that makes the device may be retaining these recordings.
     8    (b) Any recordings collected through the operation of a voice recogni-
     9  tion feature by the manufacturer of a connected device shall not be sold
    10  or used for any advertising purposes.
    11    (c) Any recordings collected through the operation of a voice recogni-
    12  tion  feature  by  a  third party contracting with the manufacturer of a
    13  connected device shall not be sold or used for any advertising purposes.
    14    (d) The manufacturer of a connected device shall  not  be  liable  for
    15  functionality provided by third party applications that the user chooses
    16  to use or are downloaded and installed by a user.
    17    3.  Nothing in this section shall be construed to authorize disclosure
    18  of any recordings retained by the  manufacturer  to  any  individual  or
    19  entity, including a law enforcement agency, or any officer, employee, or
    20  agent  of such agency, unless otherwise authorized by law or pursuant to
    21  a judicial order.
    22    4. (a) Whenever the  attorney  general  shall  believe  from  evidence
    23  satisfactory to him or her that there is a violation of this section, he
    24  or  she  may  bring an action in the name and on behalf of the people of
    25  the state of New York, in a court of competent  jurisdiction  to  enjoin
    26  and restrain the continuation of such violation. In such action, prelim-
    27  inary relief may be granted under article sixty-three of the civil prac-
    28  tice  law  and  rules.   In such action, the court may award damages for
    29  actual costs or losses incurred by the consumer.    Whenever  the  court
    30  shall  determine  in such action that a person or business violated this
    31  section, the court may impose a  civil  penalty  of  two  thousand  five
    32  hundred dollars per violation.
    33    (b)  The remedies provided by this subdivision shall be in addition to
    34  any other lawful remedy available.
    35    § 2. This act shall take effect on the one hundred twentieth day after
    36  it shall have become a law.
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