A04253 Summary:

BILL NOA04253
 
SAME ASNo Same As
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Add S349-f, Gen Bus L
 
Adds provisions relating to computer file-sharing applications.
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A04253 Actions:

BILL NOA04253
 
01/29/2015referred to consumer affairs and protection
01/06/2016referred to consumer affairs and protection
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A04253 Committee Votes:

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A04253 Floor Votes:

There are no votes for this bill in this legislative session.
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A04253 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4253
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in  relation  to  file-sharing
          applications
 
          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 section
     2  349-f to read as follows:
     3    § 349-f.  File-sharing  applications.  1.  For  the  purpose  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Covered file-sharing program" means a computer program, applica-
     6  tion, or software that is marketed or distributed to the public and that
     7  enables: (i) a file or files on the  computer  on  which  such  program,
     8  application,  or software is installed to be designated as available for
     9  searching by and copying to one or more other computers; (ii) the trans-
    10  mission of such designated files directly to one or more  other  comput-
    11  ers;  and  (iii)  a  user to request the transmission of such designated
    12  files directly from one or more other  computers.  Covered  file-sharing
    13  program does not mean a program, application or software designed prima-
    14  rily  to  operate as a server that is accessible over the Internet using
    15  the Internet Domain Name System, to transmit or receive email  messages,
    16  instant messaging, real-time audio or video communications, or real-time
    17  voice  communications,  or  to  provide  network  or  computer security,
    18  network management, hosting and backup services,  maintenance,  diagnos-
    19  tics,  technical  support  or repair, or to detect or prevent fraudulent
    20  activities.
    21    (b) "Covered entity" means: (i) a person, partnership,  firm,  associ-
    22  ation,  or corporation that develops a covered file-sharing program; and
    23  (ii) a person,  partnership,  firm,  association,  or  corporation  that
    24  disseminates  or distributes a covered file-sharing program and is owned
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03818-01-5

        A. 4253                             2
 
     1  or operated by the person, partnership,  firm,  association,  or  corpo-
     2  ration that developed the covered file-sharing program.
     3    2.  (a)  It shall be unlawful for any covered entity to install on any
     4  computer, other than a computer owned by such entity, or offer  or  make
     5  available  for  installation or download on any computer a covered file-
     6  sharing program unless such program:
     7    (i) immediately prior to  the  installation  or  downloading  of  such
     8  program:
     9    (A)  provides  clear  and  conspicuous notice that such program allows
    10  files on the computer to be made available for searching by and  copying
    11  to one or more other computers; and
    12    (B)  obtains  the informed consent to the installation of such program
    13  from an owner or authorized user of the computer; and
    14    (ii) immediately prior to initial activation of a  file-sharing  func-
    15  tion of such program:
    16    (A)  provides  clear  and  conspicuous  notice  of  which files on the
    17  computer are to be made available for searching by and copying to anoth-
    18  er computer; and
    19    (B) obtains the informed consent from an owner or authorized  user  of
    20  the computer for such files to be made available for searching and copy-
    21  ing to another computer.
    22    (b)  Nothing  in subparagraph (i) of paragraph (a) of this subdivision
    23  shall apply to the installation of a covered file-sharing program  on  a
    24  computer  prior  to  the  first  sale  of  such computer to an end user,
    25  provided that notice is provided to the end user who first purchases the
    26  computer that such a program has been installed on the computer.
    27    (c) Once the notice and consent requirements of subparagraphs (i)  and
    28  (ii)  of  paragraph  (a)  of  this  subdivision have been satisfied with
    29  respect to the installation or initial activation  of  a  covered  file-
    30  sharing  program on a computer after the effective date of this section,
    31  the notice and consent requirements of subparagraphs  (i)  and  (ii)  of
    32  paragraph (a) of this subdivision shall not apply to the installation or
    33  initial  activation  of  software modifications or upgrades to a covered
    34  file-sharing program installed on that protected computer at the time of
    35  the software modifications or upgrades so long as those software modifi-
    36  cations or upgrades do not:
    37    (i) make files on the computer available for searching by and  copying
    38  to  one  or more other computers that were not already made available by
    39  the covered file-sharing program for searching by and copying to one  or
    40  more other computers; or
    41    (ii) add to the types or locations of files that can be made available
    42  by  the covered file-sharing program for searching by and copying to one
    43  or more other computers.
    44    3. It shall be unlawful for any covered entity to  prevent  reasonable
    45  efforts  to disable or remove, or to block the installation or execution
    46  of, a covered file-sharing program on any computer.
    47    4. The provisions of subdivisions two and three of this section  shall
    48  not apply to the state or its political subdivisions.
    49    5.  Nothing in this section shall in any way limit the rights or reme-
    50  dies that are otherwise available to the consumer or purchaser under any
    51  other law.
    52    6. (a) The attorney general may  bring  a  civil  action  against  any
    53  covered  entity  that  violates any provision of this section to enforce
    54  the provisions of this section and may recover any or all of the follow-
    55  ing:

        A. 4253                             3
 
     1    (i) up to one hundred thousand dollars for a knowing pattern or  prac-
     2  tice of such violations; and
     3    (ii) costs and reasonable attorney's fees.
     4    (b)  Whenever the attorney general believes from evidence satisfactory
     5  to him or her that a knowing violation of this section or a  pattern  or
     6  practice  of violating this section has occurred or is about to occur he
     7  or she may seek an order to enjoin such violation.
     8    § 2. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.
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