Bill Text: NY S07641 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires manufacturers of smart speakers to obtain signed written permission from users before storing voice recordings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-03 - REFERRED TO CONSUMER PROTECTION [S07641 Detail]

Download: New_York-2019-S07641-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7641

                    IN SENATE

                                    February 3, 2020
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          manufacturers of smart speakers to obtain permission from users before
          storing recordings

          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  349-b-2 to read as follows:
     3    § 349-b-2. Recordings by smart speakers. 1. For the purposes  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Connected television" means a video device designed for home use
     6  to receive  television signals and reproduce such signals  on  an  inte-
     7  grated,  physical screen display that exceeds twelve inches, except that
     8  this term shall not include a personal computer, portable device,  or  a
     9  separate  device that connects physically or wirelessly to a television,
    10  including, but not limited to, a set-top box,  video  game  console,  or
    11  digital video recorder.
    12    (b)  "Other  connected  device with a voice recognition feature" means
    13  any device equipped with a voice recognition feature sold in this state,
    14  including, but not limited to, a  wireless  speaker  and  voice  command
    15  device  sold  in  this  state  with an integrated virtual assistant that
    16  offers interactive actions and  hands-free  activation,  or  a  cellular
    17  telephone, tablet, or other device sold in this state with an integrated
    18  virtual  assistant that offers  interactive actions and hands-free acti-
    19  vation.
    20    (c) "Retained" means saving, storing, or both of voice  recorded  data
    21  longer  than  the minimum time necessary to complete a requested command
    22  by the user.
    23    (d) "User" means a person who originally purchases, leases,  or  takes
    24  ownership  of  a  connected  television or other connected device with a
    25  voice recognition feature or another person designated by such  user  to
    26  perform  the  initial setup or installation of such connected television
    27  or other connected device. A person who is incidentally recorded when  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13112-01-9

        S. 7641                             2

     1  voice  recognition feature is activated by a user shall not be deemed to
     2  be a user.
     3    (e)  "Voice  recognition  feature"  means  the function of a connected
     4  television or other connected device with a  voice  recognition  feature
     5  that  allows the collection, recording, storage, analysis, transmission,
     6  interpretation, or other use of spoken words  or  other  sounds,  except
     7  that this term shall not include voice commands that are not recorded or
     8  transmitted  beyond  the  connected television or other connected device
     9  with a voice recognition feature.
    10    (f) "Voice recorded data" means audio recordings or transcriptions  of
    11  such  recordings  collected through the operation of a voice recognition
    12  feature by the manufacturer of a connected television or other connected
    13  device with a voice recognition feature.
    14    2. (a) No person or entity shall provide  the  operation  of  a  voice
    15  recognition  feature  within  this  state without prominently informing,
    16  during the initial setup or installation of a  connected  television  or
    17  other connected device with a voice recognition feature, either the user
    18  or  the  person  designated by such user to perform the initial setup or
    19  installation of such connected television or other connected device with
    20  a voice recognition feature of such voice recognition feature.
    21    (b) Any actual recordings  or  transcriptions  collected  through  the
    22  operation  of  a    voice  recognition  feature by the manufacturer of a
    23  connected television or other connected  device with a voice recognition
    24  feature for the purpose of improving the  voice  recognition    feature,
    25  including,  but  not  limited  to,  the  operation of an accessible user
    26  interface for people with disabilities, shall not be used for any adver-
    27  tising purpose, retained, or shared with, or sold to, a third party,  or
    28  both  shared  with,  and  sold  to, a third party, unless the user first
    29  provides affirmative written or electronic consent.
    30    (c) Any actual recordings  or  transcriptions  collected  through  the
    31  operation  of  a  voice recognition feature by a third party contracting
    32  with a manufacturer for the purpose of improving the  voice  recognition
    33  feature,  including,  but not limited to, the operation of an accessible
    34  user interface for people with disabilities, shall not be used  for  any
    35  advertising  purpose,  retained,  or  shared  with,  or sold to, a third
    36  party, or both shared with, and sold to, a third party, unless the  user
    37  first provides affirmative written or electronic consent.
    38    (d)  No  person  or entity shall compel a manufacturer or other entity
    39  providing the operation of a voice recognition feature to build specific
    40  features for the purpose of allowing an investigative or law enforcement
    41  officer to monitor communications through that feature.
    42    (e) A manufacturer shall only be liable for functionality provided  at
    43  the  time  of  the    original  sale  of a connected television or other
    44  connected device with a voice  recognition  feature  and  shall  not  be
    45  liable  for functionality provided by applications that the user chooses
    46  to download and install or which are maintained and controlled at anoth-
    47  er location by third party servers.
    48    3. (a) Actions for relief pursuant to this section may  be  prosecuted
    49  exclusively  in  a  court  of  competent  jurisdiction in a civil action
    50  brought in the name of the people of the state of New York by the attor-
    51  ney general. This section shall not be deemed to create a private  right
    52  of action, or limit any existing private right of action.
    53    (b)  A court of competent jurisdiction may enjoin any person or entity
    54  who knowingly  engages,  has  engaged,  or  proposes  to  engage,  in  a
    55  violation  of this section. Such  court may make any orders or judgments
    56  as may be necessary to prevent a violation of this section.

        S. 7641                             3

     1    (c) A person who  knowingly  engages,  has  engaged,  or  proposes  to
     2  engage,  in  a  violation  of  this  section shall be liable for a civil
     3  penalty not to  exceed  two  thousand  five  hundred  dollars  for  each
     4  connected television or other connected device with a voice  recognition
     5  feature sold or leased in violation of this section.
     6    § 2. This act shall take effect immediately.
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