Bill Text: NY S02451 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to offering parental controls for internet services; allows the attorney general to bring a civil action against any internet provider that violates certain requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S02451 Detail]

Download: New_York-2015-S02451-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2451
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN ACT to amend the public service law, in relation to offering parental
         controls for internet services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public service law is amended by adding a  new  article
    2  12 to read as follows:
    3                                 ARTICLE 12
    4                         INTERNET PARENTAL CONTROLS
    5  SECTION 300. DEFINITIONS.
    6          301. PARENTAL CONTROLS.
    7          302. ENFORCEMENT.
    8    S 300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
    9    1. "CHILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
   10    2. "INTERNET OR ANY OTHER COMPUTER NETWORK" MEANS THE COMPUTER NETWORK
   11  COMMONLY  KNOWN  AS THE INTERNET AND ANY OTHER LOCAL, REGIONAL OR GLOBAL
   12  COMPUTER NETWORK THAT IS SIMILAR TO OR IS A PREDECESSOR OR SUCCESSOR  OF
   13  THE INTERNET.
   14    3.  "INTERNET ACCESS PROVIDER" MEANS AN ENTITY THAT PROVIDES CONSUMERS
   15  WITH PUBLIC ACCESS TO THE INTERNET.
   16    4. "INTERACTIVE  COMPUTER  SERVICE"  MEANS  ANY  INFORMATION  SERVICE,
   17  SYSTEM,  OR  ACCESS  SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER
   18  ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY  A
   19  SERVICE  OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SUCH SYSTEMS
   20  OPERATED OR SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
   21    S 301. PARENTAL CONTROLS. 1. IF AN INTERNET ACCESS PROVIDER  KNOWS  OR
   22  HAS  REASON  TO  KNOW  FROM  REGISTRATION  DATA IN ITS POSSESSION THAT A
   23  SUBSCRIBER CURRENTLY RESIDES WITHIN THIS STATE, THE PROVIDER SHALL  MAKE
   24  AVAILABLE  TO  THE  SUBSCRIBER  A  PRODUCT OR SERVICE WHICH THE PROVIDER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04889-01-5
       S. 2451                             2
    1  REASONABLY BELIEVES MAY ASSIST THE SUBSCRIBER TO CONTROL A  CHILD'S  USE
    2  OF  THE  INTERNET; PROVIDED HOWEVER, THAT INTERNET ACCESS PROVIDERS THAT
    3  PROVIDE INTERNET ACCESS VIA SPECTRUM REGULATED BY THE FCC,  PURSUANT  TO
    4  47 USC 301 ET SEQ OR ITS SUCCESSORS, SHALL MEET THE REQUIREMENTS OF THIS
    5  SECTION  WHEN  SUCH TECHNOLOGY IS REASONABLY AND COMMERCIALLY AVAILABLE.
    6  THE PRODUCT OR SERVICE MUST ENABLE, IN A COMMERCIALLY REASONABLE MANNER,
    7  THE SUBSCRIBER TO:
    8    (A) BLOCK A CHILD'S ACCESS TO SPECIFIC WEBSITES OR DOMAINS;
    9    (B) RESTRICT A CHILD'S ACCESS  EXCLUSIVELY  TO  SPECIFIC  WEBSITES  OR
   10  DOMAINS APPROVED BY THE SUBSCRIBER; AND
   11    (C)  ALLOW  THE  SUBSCRIBER  TO  MONITOR A CHILD'S USE OF THE INTERNET
   12  SERVICE BY PROVIDING A REPORT TO THE SUBSCRIBER OF THE SPECIFIC WEBSITES
   13  OR DOMAINS THAT THE CHILD HAS VISITED OR  HAS  ATTEMPTED  TO  VISIT  BUT
   14  COULD  NOT  ACCESS  BECAUSE  THE  WEBSITES  OR  DOMAINS  WERE BLOCKED OR
   15  RESTRICTED BY THE SUBSCRIBER.
   16    2. IF A PRODUCT OR SERVICE DESCRIBED IN THIS SECTION IS REASONABLY AND
   17  COMMERCIALLY AVAILABLE FOR THE TECHNOLOGY UTILIZED BY THE SUBSCRIBER  TO
   18  ACCESS THE INTERNET SERVICE, THE PROVIDER OF INTERNET SERVICE:
   19    (A)  SHALL  PROVIDE  TO  THE  SUBSCRIBER,  AT  OR  NEAR  THE  TIME  OF
   20  SUBSCRIPTION, NOTICE  OF  THE  AVAILABILITY  OF  A  PRODUCT  OR  SERVICE
   21  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   22    (B) MAY MAKE A PRODUCT OR SERVICE DESCRIBED IN SUBDIVISION ONE OF THIS
   23  SECTION  AVAILABLE TO THE SUBSCRIBER EITHER DIRECTLY OR THROUGH A THIRD-
   24  PARTY VENDOR, AND MAY CHARGE FOR THE PRODUCT OR SERVICE.
   25    S 302. ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY BRING A  CIVIL  ACTION
   26  AGAINST  ANY  INTERNET  ACCESS  PROVIDER  THAT  VIOLATES THIS ARTICLE TO
   27  ENJOIN THE VIOLATION AND MAY RECOVER  A  CIVIL  PENALTY  OF  UP  TO  ONE
   28  HUNDRED DOLLARS PER VIOLATION OF THIS ARTICLE OR, FOR A PATTERN OR PRAC-
   29  TICE OF SUCH VIOLATIONS, OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
   30    2.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
   31  WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
   32  OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   33    S 2. This act shall take effect on the one hundred eightieth day after
   34  it shall have become a law.