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A10132 Summary:

BILL NOA10132B
 
SAME ASSAME AS S08507-B
 
SPONSOROtis
 
COSPNSRSimon
 
MLTSPNSR
 
Add §399-mm, Gen Bus L
 
Enacts the "connected consumer product end of life disclosure act", relating to requiring manufacturers of connected consumer products to disclose for how long they will provide technical support, security updates, or bug fixes for the software, hardware, or firmware necessary for the product to securely function.
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A10132 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10132--B
                                                                Cal. No. 280
 
                   IN ASSEMBLY
 
                                    February 3, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  OTIS, SIMON -- read once and referred to the
          Committee on Science and Technology -- reported and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          from  committee,  advanced  to  a  third  reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the general business law, in relation  to  enacting  the
          "connected consumer product end of life disclosure act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "connected consumer product end of life disclosure act".
     3    §  2. The general business law is amended by adding a new section 399-
     4  mm to read as follows:
     5    § 399-mm. Connected consumer product end of life disclosure. 1.  Defi-
     6  nitions. As used in this section, the following  terms  shall  have  the
     7  following meanings:
     8    (a) "Connected consumer product" means any physical product, including
     9  any  mobile application or cloud infrastructure related to the function-
    10  ing of such product, that is intended for consumer use and  depends  for
    11  its functioning, in whole or in part, on connection to the internet.
    12    (b)  "End  of  life"  means the point at which the manufacturer ceases
    13  providing a necessary update or support for a connected  consumer  prod-
    14  uct, even if such product is still in use.
    15    (c) "Firmware" means low-level software that is embedded into hardware
    16  devices,  where such software provides the essential instructions needed
    17  for hardware to operate properly, acting as a middle layer  between  the
    18  hardware  and  higher-level software such as device operating systems or
    19  applications.
    20    (d) "Minimum guaranteed support time frame" means the  minimum  amount
    21  of  time  for  which  a  company has publicly committed to providing all
    22  necessary  updates  and  support  for  a  connected  consumer   product,
    23  expressed as a specific date for the end of the time frame.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13518-08-6

        A. 10132--B                         2
 
     1    (e)  "Product  update"  means an update, other than a security update,
     2  released for a connected consumer product to address effectively a  flaw
     3  in  the  software,  hardware,  or  firmware running on such product that
     4  interferes with the full functioning of such product.
     5    (f)  "Product  web  page"  means a web page specific to the particular
     6  connected consumer product that contains information about such  product
     7  and its features.
     8    (g) "Security update" means an update released for a connected consum-
     9  er product to address effectively a vulnerability in the software, hard-
    10  ware, or firmware running on such product.
    11    (h)  "Support" means service to ensure that a connected consumer prod-
    12  uct continues to fully function and to provide information and  guidance
    13  to consumers regarding proper use of such product.
    14    (i) "Update" means a product update or a security update.
    15    (j)  "Vulnerability"  means a flaw in the software, hardware, or firm-
    16  ware running on a connected consumer product that lessens  the  security
    17  or integrity of such product.
    18    2.  Requirements.  The  following  requirements  shall  apply  to  any
    19  connected consumer product manufactured or sold after January first, two
    20  thousand twenty-seven:
    21    (a) The manufacturer shall clearly and prominently disclose a  minimum
    22  guaranteed  support  time  frame  to  prospective  buyers, in all of the
    23  following ways:
    24    (i) disclosing on the product web page;
    25    (ii) disclosing at the point of sale, in a manner reasonably  designed
    26  to reach the attention of the prospective buyer, if the manufacturer has
    27  the ability to make the disclosure directly to prospective buyers at the
    28  point of sale; and
    29    (iii)  if  the  manufacturer  does  not  have  the ability to make the
    30  disclosure directly to prospective buyers at the point of sale, disclos-
    31  ing to the retailer with instructions to disclose to prospective  buyers
    32  at the point of sale.
    33    (b)  The minimum guaranteed support time frame shall not be inconsist-
    34  ent with reasonable consumer expectations about  how  long  a  connected
    35  consumer  product's features that depend upon internet connectivity will
    36  continue to function safely and effectively.
    37    (c) The minimum guaranteed support time frame for a connected consumer
    38  product shall not be reduced after it is  first  disclosed  pursuant  to
    39  paragraph (a) of this subdivision. A manufacturer may extend the minimum
    40  guaranteed  support time frame at any time in the manner described under
    41  paragraph (a) of this subdivision.
    42    (d) The disclosures described in paragraph  (a)  of  this  subdivision
    43  shall  also include a detailed account of the features and functionality
    44  that will be lost or compromised when  the  connected  consumer  product
    45  reaches its end of life.
    46    (e)  The  manufacturer  shall  provide  advance  notification  of  the
    47  connected consumer product's end of life, as described in paragraph  (f)
    48  of this subdivision, to the public and owners of such product:
    49    (i) six months before such product reaches end of life; and
    50    (ii) on the date on which such product reaches end of life.
    51    (f)  A  manufacturer shall provide the notification described in para-
    52  graph (e) of this subdivision in each of the following ways:
    53    (i) through an interface on the connected consumer product or an asso-
    54  ciated application, if practicable;
    55    (ii) through email to owners of the  connected  consumer  product  for
    56  whom the manufacturer possesses an email address; and

        A. 10132--B                         3

     1    (iii) on the connected consumer product's web page.
     2    (g)  Notification  about  the connected consumer product's end of life
     3  shall include clear information about actions consumers can take if they
     4  want to continue using the connected consumer product in  a  secure  and
     5  effective manner, disconnecting such product from the internet and shall
     6  provide  a  list  of  features lost in, and vulnerabilities and security
     7  risks that are likely to result from such product's end of life.
     8    (h) The manufacturer shall not sell, lease,  or  otherwise  distribute
     9  the  connected  consumer  product after the date that is one year before
    10  the minimum guaranteed support time frame end date for such product.
    11    (i) A business that owns or controls a connected consumer product that
    12  it leases or otherwise provides to its customers as part  of  a  service
    13  shall:
    14    (i)  ensure that updates provided by the manufacturer for such product
    15  are promptly received and applied; and
    16    (ii) when the product has reached end of life:
    17    (A) promptly so notify customers; and
    18    (B) replace such product, at no additional cost to customers,  with  a
    19  comparable  product  capable of receiving necessary updates and support,
    20  when such comparable product is reasonably available  to  the  business,
    21  and so notify customers.
    22    3. Exemption. Nothing in this section shall apply to a medical device,
    23  as  defined by paragraph (g) of subdivision one of section three hundred
    24  ninety-nine-nn of this article.
    25    4. Enforcement. Any violation of the provisions of this section  shall
    26  constitute  an  unlawful practice under section three hundred forty-nine
    27  of this chapter. All remedies, penalties, and authority granted  to  the
    28  attorney  general therein shall be available for the enforcement of this
    29  section.
    30    § 3. This act shall take effect immediately.
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