Bill Text: NY A10677 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits digital advertisers from establishing a virtual "geofence" around a health care facility that enables the advertiser to send targeted advertisements to any cellphones or mobile devices that enter such health care facility; prohibits the delivery of digital advertisements to persons in a health care facility using geofencing technology.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-08-12 - referred to consumer affairs and protection [A10677 Detail]

Download: New_York-2021-A10677-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10677

                   IN ASSEMBLY

                                     August 12, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
          thal) -- read once and referred to the Committee on  Consumer  Affairs
          and Protection

        AN  ACT  to  amend  the general business law, in relation to prohibiting
          geofencing by digital advertisers at health care facilities

          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 section
     2  396-aaaa to read as follows:
     3    §  396-aaaa.  Prohibition  on geofencing. 1.  For the purposes of this
     4  section, the following terms shall have the following meanings:
     5    a. "Digital advertiser" shall mean any person,  corporation,  partner-
     6  ship  or  association that delivers digital advertisements by electronic
     7  means.
     8    b. "Digital advertisement" shall include any  communication  delivered
     9  by  electronic  means  that  is  intended to be used for the purposes of
    10  marketing,  solicitation,  or  dissemination  of  information   related,
    11  directly  or  indirectly,  to  goods or services provided by the digital
    12  advertiser or a third party.
    13    c. "Delivered by electronic means" shall include delivery to an  elec-
    14  tronic mail address, posting on an electronic network or site accessible
    15  via  the  internet, mobile application, computer, mobile device, tablet,
    16  or any other electronic device used by a natural person.
    17    d. "Geofencing" shall mean a technology that uses  global  positioning
    18  system  coordinates,  cell  tower  connectivity,  cellular data,   radio
    19  frequency identification, Wi-Fi data and/or any other form  of  location
    20  detection,  to  establish  a  virtual  boundary  or  "geofence" around a
    21  particular location that  allows  a  digital  advertiser  to  track  the
    22  location  of  an  individual  user  and  electronically deliver targeted
    23  digital advertisements directly to such user's mobile device  upon  such
    24  user's entry into the geofenced area.
    25    e. "Health care facility" shall mean any governmental or private agen-
    26  cy,  department,  institution, clinic, laboratory, hospital, physician's
    27  office, nursing care facility, health maintenance organization,  associ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16111-03-2
        A. 10677                            2

     1  ation  or  other  similar  entity  that provides medical care or related
     2  services pursuant to the provisions of the  public  health  law  or  the
     3  mental  hygiene  law,  including  the building or structure in which the
     4  facility is located.
     5    f. "User" shall mean a natural person who owns or uses a mobile device
     6  or  any  other  connected electronic device capable of receiving digital
     7  advertisements.
     8    2. a. It shall be unlawful for any person, corporation, partnership or
     9  association to deliver by electronic means any digital advertisement  to
    10  a  user  through  the  use  of geofencing at any health care facility as
    11  defined in paragraph e of subdivision one of this section.
    12    b. It shall be unlawful for any person,  corporation,  partnership  or
    13  association  to  establish  a geofence or similar virtual boundary in or
    14  around any health care facility for the purpose of delivering  by  elec-
    15  tronic  means  a digital advertisement to a user within such health care
    16  facility.
    17    § 2. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.