Bill Text: NY S07923 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-25 - REFERRED TO CONSUMER PROTECTION [S07923 Detail]

Download: New_York-2015-S07923-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7923
                    IN SENATE
                                      May 25, 2016
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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  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, or internet-capable device  as  defined  in  section  five
    13  hundred thirty-eight-b of this chapter.
    14    (b)  "User"  means a person who originally purchases, leases, or takes
    15  ownership of a connected device. A person who is  incidentally  recorded
    16  when  a  voice  recognition  feature is activated by a user shall not be
    17  deemed to be a user.
    18    (c) "Voice recognition feature" means  the  function  of  a  connected
    19  device  that allows the collection, recording, storage, analysis, trans-
    20  mission, interpretation, or other use of spoken words or other sounds.
    21    2. (a) A person or entity shall not provide the operation of  a  voice
    22  recognition  feature  within  this  state without prominently informing,
    23  during the initial setup or installation of a connected  device,  either
    24  the  user  or  the  person designated by the user to perform the initial
    25  setup or installation of the connected device.
    26    (b) Any actual recordings of spoken word collected through the  opera-
    27  tion  of  a voice recognition feature by the manufacturer of a connected
    28  device shall not be sold or used for any advertising purpose.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13393-01-5
        S. 7923                             2
     1    (c) Any actual recordings of spoken word collected through the  opera-
     2  tion  of  a  voice recognition feature by a third party contracting with
     3  the manufacturer of a connected device shall not be sold or used for any
     4  advertising purpose.
     5    (d)  A manufacturer shall only be liable for functionality provided at
     6  the time of the original sale of a connected device  and  shall  not  be
     7  liable  for functionality provided by applications that the user chooses
     8  to use or are downloaded and installed by a user.
     9    3. Nothing in this section shall be construed so  as  to  prevent  any
    10  action  pursuant  to  a  subpoena or by a law enforcement agency, or any
    11  officer, employee, or agent of such agency, to obtain recordings from  a
    12  manufacturer  in  connection with the performance of the official duties
    13  thereof, in accordance with other applicable laws.
    14    4. (a) Whenever the  attorney  general  shall  believe  from  evidence
    15  satisfactory to him or her that there is a violation of this section, he
    16  or  she  may  bring an action in the name and on behalf of the people of
    17  the state of New York, in a court of competent  jurisdiction  to  enjoin
    18  and restrain the continuation of such violation. In such action, prelim-
    19  inary relief may be granted under article sixty-three of the civil prac-
    20  tice  law  and  rules.  In  such  action, the court may award reasonable
    21  attorney's fees and damages for actual costs or losses incurred  by  the
    22  consumer.  Whenever  the  court  shall  determine  in such action that a
    23  person or business violated this section, the court may impose  a  civil
    24  penalty of two thousand five hundred dollars per violation.
    25    (b)  The remedies provided by this subdivision shall be in addition to
    26  any other lawful remedy available.
    27    § 2. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.