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A11292 Summary:

BILL NOA11292
 
SAME ASNo Same As
 
SPONSORRules (Otis)
 
COSPNSR
 
MLTSPNSR
 
Add Art 48 §§1750 - 1755, Gen Bus L
 
Prohibits the deployment of a stealth crawler in a manner that would damage, impair or burden the operation of a covered news source or otherwise cause a news source economic harm.
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A11292 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11292
 
                   IN ASSEMBLY
 
                                       May 8, 2026
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
          read once and referred to the Committee on Science and Technology
 
        AN ACT to amend the general business law, in relation to prohibiting the
          use of stealth crawlers
 
          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  48 to read as follows:
     3                                 ARTICLE 48
     4                  NEW YORK STEALTH CRAWLER PROHIBITION ACT
     5  Section 1750. Short title.
     6          1751. Definitions.
     7          1752. Stealth crawler disclosure.
     8          1753. Stealth crawler prohibition.
     9          1754. Enforcement.
    10          1755. Severability.
    11    §  1750.  Short title. This article shall be known and may be cited as
    12  the "New York stealth crawler prohibition act".
    13    § 1751. Definitions. As used in  this  article,  the  following  terms
    14  shall have the following meanings:
    15    1. "Crawler" means software that retrieves, scans, indexes, scrapes or
    16  otherwise accesses a website or other internet source, including but not
    17  limited  to an online crawler, spider, fetcher, client, bot, user agent,
    18  AI agent or equivalent tool.
    19    2. "Covered news source" means  the  website  or  any  other  relevant
    20  source  of  any  print,  television, radio, network, cable, satellite or
    21  digital publication or service which:
    22    (a) performs a public-information function comparable to  that  tradi-
    23  tionally  served by journalism organizations, such as newspapers, broad-
    24  casters, magazines and other periodical publications;
    25    (b) makes a substantial expenditure of  labor,  skill,  and  money  to
    26  create, edit, produce and distribute content including by engaging indi-
    27  viduals  to  create,  edit, produce and distribute original text, audio,
    28  photo, illustrative or video content concerning  matters  or  topics  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15525-03-6

        A. 11292                            2
 
     1  interest  or  use  to  members  of the public through activities such as
     2  observation, video or  audio  recording  events,  interviews,  research,
     3  testing and analysis;
     4    (c) publishes new content or updates its content on at least a monthly
     5  basis and has a process for error correction and clarification; and
     6    (d) has at least one thousand monthly active viewers, listeners, users
     7  or subscribers in New York.
     8    3.  "Journalism  provider"  means  any  person  that  owns one or more
     9  covered news sources.
    10    4. "Operator" means any individual, partnership, association, firm, or
    11  business entity, or any  member,  affiliate,  subsidiary  or  beneficial
    12  owner thereof.
    13    5.  "Person"  means  any  individual, partnership, corporation, trust,
    14  estate, co-operative, association, government or  governmental  subdivi-
    15  sion, agency or other entity.
    16    6. "Service provider" means an entity offering the transmission, rout-
    17  ing or providing of connections for broadcast or digital online communi-
    18  cations,  between  or  among  points  specified or selected by a viewer,
    19  listener, user or subscriber, of material of such user's choosing, with-
    20  out modification to the content of the material  as  sent  or  received,
    21  including an entity that provides internet access services.
    22    7. "Stealth crawler" means a crawler that does not comply with section
    23  seventeen hundred fifty-two of this article.
    24    § 1752. Stealth  crawler disclosure. A crawler that accesses a covered
    25  news source shall disclose its identity  and  purpose  at  the  time  or
    26  before it accesses the covered news source, including by:
    27    (a)  identifying  itself  via  a valid and accurate user-agent string,
    28  which shall state the  identity  of  any  software  product  making  the
    29  request,  the  version  of such software product and the identity of the
    30  company behind such software product; and
    31    (b) disclosing the specific nature and purpose of such crawler,  which
    32  shall include all uses and purposes that the content of the covered news
    33  source  could  be  used  for,  at  the time access is requested and in a
    34  format that the journalism provider can access.
    35    § 1753. Stealth crawler prohibition. It shall be a violation  of  this
    36  article  for  any  operator to deploy a stealth crawler in a manner that
    37  would damage, impair or burden the operation of a covered news source or
    38  otherwise cause a news source economic harm.
    39    § 1754. Enforcement. 1. Whenever the attorney  general  shall  believe
    40  from evidence satisfactory to them that an operator has engaged in or is
    41  about to engage in any of the acts or practices stated to be unlawful in
    42  this  article, they may bring an action in the name and on behalf of the
    43  people of the state of New York to enjoin an  operator  from  continuing
    44  such  unlawful  acts or practices, and may seek civil penalties of up to
    45  fifteen thousand dollars per day for each violation. If it shall  appear
    46  to  the  satisfaction  of  the  court  or justice that the defendant has
    47  violated this article, no proof shall be required that  any  person  has
    48  been  injured  thereby. In such action preliminary relief may be granted
    49  under article sixty-three of the civil practice law and rules.
    50    2. (a) Pursuant to subdivision (c) of section thirty-one  hundred  two
    51  of  the  civil practice law and rules, a journalism provider may request
    52  the clerk of the supreme court, or a judge where there is no  clerk,  to
    53  issue  a  subpoena  prior  to the institution of an action, to a service
    54  provider for identification of an alleged violator.
    55    (b) The clerk, or the judge where there is no clerk,  shall  within  a
    56  reasonable  period  of  time  issue  and  sign the proposed subpoena and

        A. 11292                            3
 
     1  return it to the journalism provider for delivery to the service provid-
     2  er.
     3    (c)  The  subpoena  shall  authorize  and  order  the service provider
     4  receiving such subpoena to  expeditiously  disclose  to  the  journalism
     5  provider  information sufficient to identify the alleged violator to the
     6  extent such information is available to such service provider.
     7    (d) A subpoena issued under this section  shall  include  a  provision
     8  requiring the preservation of any relevant evidence in the possession of
     9  the service provider.
    10    §  1755.  Severability. If any clause, sentence, paragraph, section or
    11  part of this article shall be adjudged by any court of competent  juris-
    12  diction  to  be  invalid  and  after  exhaustion of all further judicial
    13  review, the judgment shall not affect, impair or invalidate the  remain-
    14  der  thereof,  but  shall  be  confined  in its operation to the clause,
    15  sentence, paragraph, section or part of this act  directly  involved  in
    16  the controversy in which the judgment shall have been rendered.
    17    §  2.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.
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