Bill Text: NY S09112 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that a private right of action for unlawful dissemination or publication of an intimate image shall be limited to certain websites.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-18 - REFERRED TO RULES [S09112 Detail]

Download: New_York-2017-S09112-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9112
                    IN SENATE
                                      June 18, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the civil rights law,  in  relation  to  limitations  on
          liability for an internet service provider
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph a of subdivision  1,  subdivisions  4  and  5  of
     2  section  52-b of the civil rights law, as added by a chapter of the laws
     3  of 2018 amending the civil rights law and other laws relating to  estab-
     4  lishing  the  crime of unlawful dissemination or publication of an inti-
     5  mate image, as proposed in legislative bills numbers S.  9019-A  and  A.
     6  11188-A, is amended to read as follows:
     7    a.  Any website [or internet service provider] that hosts or transmits
     8  a still or video image, viewable in  this  state,  taken  under  circum-
     9  stances where the person depicted had a reasonable expectation of priva-
    10  cy, which depicts:
    11    (i)  an  unclothed  or  exposed  intimate  part, as defined in section
    12  245.15 of the penal law, of a resident of this state; or
    13    (ii) a resident of this state engaging in sexual conduct as defined in
    14  subdivision ten of section 130.00 of the penal law with another  person;
    15  and
    16    4. This section shall not apply to the following:
    17    a. the reporting of unlawful conduct;
    18    b.  dissemination  or  publication of an intimate still or video image
    19  made during lawful  and  common  practices  of  law  enforcement,  legal
    20  proceedings or medical treatment;
    21    c. images involving voluntary exposure in a commercial setting; [or]
    22    d.  dissemination  or  publication of an intimate still or video image
    23  made for a legitimate public purpose; or
    24    e. providers of an interactive computer service for images provided by
    25  another person. For purposes of this subdivision, "interactive  computer
    26  service"  shall mean: any information service, system or access software
    27  provider that provides or enables computer access by multiple users to a
    28  computer  server,  including  specifically  a  service  or  system  that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16352-01-8
        S. 9112                             2
     1  provides  access  to  the internet and such systems operated or services
     2  offered by libraries or educational institutions.
     3    5.  Any  person  depicted  in  a  still or video image that depicts an
     4  unclothed or exposed intimate part of such person, or such person engag-
     5  ing in sexual conduct as defined in subdivision ten of section 130.00 of
     6  the penal law with another person, which is  disseminated  or  published
     7  without  the  consent of such person and where such person had a reason-
     8  able expectation of privacy, may maintain an action or special  proceed-
     9  ing  for  a  court  order  to  require  any website [or internet service
    10  provider] that is subject to personal jurisdiction under subdivision one
    11  of this section to permanently remove such still or video image.
    12    § 2. This act shall take effect on the  same  date  and  in  the  same
    13  manner  as  a  chapter of the laws of 2018 amending the civil rights law
    14  and other laws relating to establishing the crime  of  unlawful  dissem-
    15  ination  or publication of an intimate image, as proposed in legislative
    16  bills numbers S. 9019-A and A. 11188-A, takes effect.