Bill Text: NY S07923 | 2015-2016 | General Assembly | Introduced
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
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. LBD13393-01-5S. 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.