S00379 Summary:

BILL NOS00379
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add Art 12 §§300 - 302, Pub Serv L
 
Offers parental controls for internet services; allows the attorney general to bring a civil action against any internet provider that violates certain requirements.
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S00379 Actions:

BILL NOS00379
 
01/04/2023REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/03/2024REFERRED TO ENERGY AND TELECOMMUNICATIONS
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S00379 Committee Votes:

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S00379 Floor Votes:

There are no votes for this bill in this legislative session.
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S00379 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           379
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN ACT to amend the public service law, in relation to offering parental
          controls for internet services

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public service law is amended by adding a  new  article
     2  12 to read as follows:
     3                                 ARTICLE 12
     4                         INTERNET PARENTAL CONTROLS
     5  Section 300. Definitions.
     6          301. Parental controls.
     7          302. Enforcement.
     8    § 300. Definitions. For the purposes of this article:
     9    1. "Child" means a person who is less than eighteen years of age.
    10    2. "Internet or any other computer network" means the computer network
    11  commonly  known  as the internet and any other local, regional or global
    12  computer network that is similar to or is a predecessor or successor  of
    13  the internet.
    14    3.  "Internet access provider" means an entity that provides consumers
    15  with public access to the internet.
    16    4. "Interactive  computer  service"  means  any  information  service,
    17  system,  or  access  software provider that provides or enables computer
    18  access by multiple users to a computer server, including specifically  a
    19  service  or system that provides access to the internet and such systems
    20  operated or services offered by libraries or educational institutions.
    21    § 301. Parental controls. 1. If an internet access provider  knows  or
    22  has  reason  to  know  from  registration  data in its possession that a
    23  subscriber currently resides within this state, the provider shall  make

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02377-01-3

        S. 379                              2
 
     1  available  to  the  subscriber  a  product or service which the provider
     2  reasonably believes may assist the subscriber to control a  child's  use
     3  of  the  internet; provided however, that internet access providers that
     4  provide  internet  access via spectrum regulated by the FCC, pursuant to
     5  47 USC 301 et seq or its successors, shall meet the requirements of this
     6  section when such technology is reasonably and  commercially  available.
     7  The product or service must enable, in a commercially reasonable manner,
     8  the subscriber to:
     9    (a) block a child's access to specific websites or domains;
    10    (b)  restrict  a  child's  access  exclusively to specific websites or
    11  domains approved by the subscriber; and
    12    (c) allow the subscriber to monitor a  child's  use  of  the  internet
    13  service by providing a report to the subscriber of the specific websites
    14  or  domains  that  the  child  has visited or has attempted to visit but
    15  could not access  because  the  websites  or  domains  were  blocked  or
    16  restricted by the subscriber.
    17    2. If a product or service described in this section is reasonably and
    18  commercially  available for the technology utilized by the subscriber to
    19  access the internet service, the provider of internet service:
    20    (a)  shall  provide  to  the  subscriber,  at  or  near  the  time  of
    21  subscription,  notice  of  the  availability  of  a  product  or service
    22  described in subdivision one of this section.
    23    (b) may make a product or service described in subdivision one of this
    24  section available to the subscriber either directly or through a  third-
    25  party vendor, and may charge for the product or service.
    26    §  302.  Enforcement. 1. The attorney general may bring a civil action
    27  against any internet access  provider  that  violates  this  article  to
    28  enjoin  the  violation  and  may  recover  a  civil penalty of up to one
    29  hundred dollars per violation of this article or, for a pattern or prac-
    30  tice of such violations, of up to one thousand dollars per violation.
    31    2. Nothing in this section shall in any way limit rights  or  remedies
    32  which  are  otherwise available under law to the attorney general or any
    33  other person authorized to bring an action under this section.
    34    § 2. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
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