STATE OF NEW YORK
________________________________________________________________________
306
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
hidden mobile device spying and stalking
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 29-CCC to read as follows:
3 ARTICLE 29-CCC
4 BAN ON HIDDEN MOBILE DEVICE
5 SPYING AND STALKING PROGRAMS
6 Section 540. Definitions.
7 541. Prohibitions.
8 542. Enforcement.
9 § 540. Definitions. As used in this article, the following terms shall
10 have the following meanings:
11 1. "Portable electronic device" shall mean any hand-held mobile tele-
12 phone, as defined by subdivision one of section twelve hundred twenty-
13 five-c of the vehicle and traffic law, personal digital assistant (PDA),
14 handheld device with mobile data access, laptop computer, pager, broad-
15 band personal communication device, two-way messaging device, electronic
16 game, or portable computing device or any other electronic device when
17 used to input, write, send, receive, or read text for present or future
18 communication.
19 2. "Internet capable" shall mean any portable electronic device that
20 is individually or collectively capable of providing wireless or wire-
21 line internet access, in addition to origination and completion of tele-
22 phone calls.
23 3. "Electronic message" shall mean a message sent or posted to a
24 unique destination, commonly expressed as a string of characters,
25 consisting of a unique user name or mailbox (commonly referred to as the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02284-01-5
A. 306 2
1 "local part") and a reference to an internet domain (commonly referred
2 to as the "domain part"), whether or not displayed, to which an elec-
3 tronic message can be sent, delivered or posted.
4 § 541. Prohibitions. 1. Ban on secret mobile spying programs. It shall
5 be unlawful to sell, provide, or knowingly facilitate the sale or
6 provision of any computer program that can be installed onto an internet
7 capable portable electronic device that automatically copies and
8 forwards the content of an electronic message sent by or received on
9 such device to an electronic address or portable electronic device that
10 is not the electronic address or portable electronic device originally
11 used in the transmission of the electronic message unless such program
12 (a) obtains the express consent of the individual who is using the port-
13 able electronic device; (b) displays an indicator on the device that is
14 reasonably likely to be discovered by the user that such program has
15 been installed; and (c) after being initially installed, such program
16 prominently displays, not earlier than twenty-four hours and not later
17 than seven days after the time an individual provides express consent,
18 a notification on the home or turn-on screen of the device alerting the
19 user that electronic messages being sent or received are subsequently
20 copied and transmitted to an electronic address or portable electronic
21 device that is not the electronic address or portable electronic device
22 originally used in the transmission of the electronic message.
23 2. Ban on secret mobile stalking programs. It shall be unlawful to
24 sell, provide, or knowingly facilitate the sale or provision of any
25 computer program that can be installed onto an internet capable portable
26 electronic device that automatically transmits the location of such
27 device so that it may be accessed from a different portable electronic
28 device if such program: (a) fails to obtain the express consent of the
29 individual who is using the portable electronic device; (b) fails to
30 display an indicator on the portable electronic device that is reason-
31 ably likely to be discovered by the user that such program has been
32 installed; or (c) disables or hides notifications on the device that
33 such device is accessing the global positioning system or other location
34 enabling system.
35 3. For purposes of subdivision one or two of this section, a program
36 shall be deemed reasonably likely to be discovered by the user if after
37 installation it displays an icon or indicator of its presence on the
38 device in the same form and manner as a program, other than the operat-
39 ing system of the device or a part thereof, that is separately sold or
40 offered for use on the portable electronic device, and such display
41 cannot be materially altered or deleted by the user for at least seven
42 days after being installed.
43 4. Exceptions. This section shall not apply to: (a) any program
44 provided or sold solely to law enforcement agencies or to businesses for
45 the purpose of conducting lawful business activities related to provid-
46 ing security services or for use in private investigations, or (b)
47 provided or sold solely to government agencies.
48 § 542. Enforcement. The attorney general may bring a civil action
49 against any person that violates this article to enjoin the violation,
50 and may recover a civil penalty up to one thousand dollars per violation
51 of this article or, for a pattern or practice of such violations, up to
52 five thousand dollars per violation.
53 § 2. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
