Add §390-cc, Gen Bus L; add Art 157 §§157.00 & 157.05, amd §60.27, Pen L
Enacts the "wireless security enforcement act" to prohibit the sale of wireless signal jammer devices; defines terms; provides that a person is guilty of prohibited use of a wireless signal jammer device if they engage in the possession, manufacture, importation, marketing, or sale of wireless signal jammer devices; requires restitution.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10676
SPONSOR: Blumencranz TITLE OF BILL:
An act to amend the general business law and the penal law, in relation
to the enforcement of the prohibition on the use of wireless signal
jammer devices
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the "wireless security enforcement act".
SUMMARY OF PROVISIONS:
Section 1: This act shall be known as the "wireless security enforcement
(WiSE) act".
Section 2: Subdivision 1: Amends the general business law by adding a
new section 390-cc by defining "wireless signal jammer device", Subdivi-
sion 2: establishes that upon notice by any law enforcement agency, any
establishment that engages in the manufacture, importation, marketing,
or sale of wireless signal jammers shall be prohibited from doing busi-
ness in NY for at least one year. Businesses can also be subject to
additional penalties. Subdivision 3(a): Gives the Attorney General power
to bring action or a special proceeding on behalf of the people of NY
against persons that have violated this section. This proceeding or
action can be used to obtain resitution, disgorgement, including but not
limited to unlawfully obtained data and algorithms, to obtain civil
penalties which may exceed one hundred thousand dollars per violation,
and to obtain any further relief. 3(b): Any property or business owner
who has been injured by a violation of this section which resulted in
the commission of a crime to a person, person's property or business may
bring an action to obtain (i) Damages which may exceed one hundred thou-
sand dollars per incident or actual damages, whichever is greater; (ii)
Injunctive or declaratory relief; and/or (iii) Any other relief the
court deems proper. Subdivision 4: The court may award reasonable attor-
neys' fees to a prevailing plaintiff. Section 3: Amends the penal law
by a new article 157; Establishes offenses involving prohibited wireless
jammer devices and defines terms.
A person guilty of prohibited use of a wireless signal jammer device is
guilty of a class D felony. Section 4: Section 60.27 of the penal law
is amended by adding a new subdivision 15, which states when a person is
convicted of prohibited use of a wireless signal jammer device the
court, in addition to any other sentence, shall order the payment of
restitution to the person who was harmed, directly or indirectly, by the
prohibited use of a wireless signal jammer. Section 5: Sets forth the
effective date.
JUSTIFICATION:
In the wake of the CrowdStrike Software meltdown, New York must bolster
its cyber security and take measures to combat illicit items that
disrupt communications and transportation on a global scale. Federal
law clearly prohibits wireless jammers, yet New York State law lacks the
same clarity. While federal law is supreme, states can enhance prohibi-
tions and consequences. The use of wireless jammers to disarm residen-
tial and commercial security systems is escalating crime in our suburban
communities. Police departments nationwide have issued warnings to help
the public protect themselves from these criminal tactics. Alarmingly,
despite federal prohibitions, establishments continue to sell wireless
jammers to criminals without facing repercussions. The proposed Wireless
Security Enforcement (WiSE) Act aims to be a stronger deterrent than
current federal law by taking a comprehensive approach to address this
issue head-on. The WISE Act represents a pioneering effort to enhance
law enforcement capabilities, hold criminals accountable, and protect
the safety of New Yorkers. This comprehensive bill responds to the
urgent call from law enforcement and takes decisive action to combat th
e growing threat posed by wireless jammers.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10676
IN ASSEMBLY
August 28, 2024
___________
Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law and the penal law, in relation
to the enforcement of the prohibition on the use of wireless signal
jammer devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "wireless
2 security enforcement (WiSE) act".
3 § 2. The general business law is amended by adding a new section 390-
4 cc to read as follows:
5 § 390-cc. Sale of prohibited wireless signal jammer devices. 1. For
6 the purposes of this section, "wireless signal jammer device" means any
7 device that prohibits the operation, manufacture, importation, market-
8 ing, and sale of equipment designed to jam or otherwise interfere with
9 authorized radio communications, such as radar, internet, global posi-
10 tioning system (GPS), and cell phone communications.
11 2. Upon notice by any local or state law enforcement agency, any busi-
12 ness or establishment that engages in the manufacture, importation,
13 marketing, or sale of wireless signal jammer devices shall be prohibited
14 from operating said business or establishment within the state for a
15 period of at least one year. This provision shall not be construed to
16 absolve said business or establishment from any other penalties pursuant
17 to local, state or federal law.
18 3. (a) Whenever it appears to the attorney general, either upon
19 complaint or otherwise, that any person, within or outside the state,
20 has engaged in or is about to engage in any of the acts or practices
21 stated to be unlawful in this section, the attorney general may bring an
22 action or special proceeding in the name and on behalf of the people of
23 the state of New York to enjoin any violation of this section, to obtain
24 restitution of any moneys or property obtained directly or indirectly by
25 any such violation, to obtain disgorgement of any profits or gains
26 obtained directly or indirectly by any such violation, including but not
27 limited to the destruction of unlawfully obtained data and algorithms
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15995-01-4
A. 10676 2
1 trained on such data, to obtain damages caused directly or indirectly by
2 any such violation, to obtain civil penalties which may exceed one
3 hundred thousand dollars per violation, and to obtain any such other and
4 further relief as the court may deem proper, including preliminary
5 relief.
6 (b) Any property owner or business owner who has been injured by a
7 violation of this section which resulted in the commission of a crime to
8 a person, person's property, or a person's business may bring an action
9 to obtain:
10 (i) Damages which may exceed one hundred thousand dollars per incident
11 or actual damages, whichever is greater;
12 (ii) Injunctive or declaratory relief; and/or
13 (iii) Any other relief the court deems proper.
14 4. The court may award reasonable attorneys' fees to a prevailing
15 plaintiff.
16 § 3. The penal law is amended by adding a new article 157 to read as
17 follows:
18 ARTICLE 157
19 OFFENSES INVOLVING PROHIBITED WIRELESS SIGNAL JAMMER DEVICES
20 Section 157.00 Offenses involving prohibited wireless signal jammer
21 devices; definitions of terms.
22 157.05 Prohibited use of wireless signal jammer devices.
23 § 157.00 Offenses involving prohibited wireless signal jammer devices;
24 definitions of terms.
25 For the purposes of this article, "wireless signal jammer device"
26 means any device that prohibits the operation, manufacture, importation,
27 marketing, and sale of equipment designed to jam or otherwise interfere
28 with authorized radio communications, such as radar, internet, global
29 positioning system (GPS), and cell phone communications.
30 § 157.05 Prohibited use of wireless signal jammer devices.
31 A person is guilty of prohibited use of a wireless signal jammer
32 device if they engage in the possession, manufacture, importation,
33 marketing, or sale of wireless signal jammer devices.
34 Prohibited use of a wireless signal jammer device is a class D felony.
35 § 4. Section 60.27 of the penal law is amended by adding a new subdi-
36 vision 15 to read as follows:
37 15. Notwithstanding any other provision of this section to the contra-
38 ry, when a person is convicted of prohibited use of a wireless signal
39 jammer device as defined in section 157.05 of this chapter, the court,
40 in addition to any other sentence, shall order the payment of restitu-
41 tion to the person who was harmed, directly or indirectly, by the
42 prohibited use of a wireless signal jammer device.
43 § 5. This act shall take effect immediately.
