Bill Text: NY S03295 | 2021-2022 | General Assembly | Introduced

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Bill Title: Offers 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) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03295 Detail]

Download: New_York-2021-S03295-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3295

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        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    § 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    § 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.
                                                                   LBD07305-01-1
        S. 3295                             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    § 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    § 2. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law.