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A05175 Summary:

BILL NOA05175A
 
SAME ASNo Same As
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Add §399-iii, Gen Bus L
 
Prohibits the manufacture, distribution, sale, or offering for sale of a baby monitor that broadcasts audio or video through an internet connection unless it includes certain security features to prevent unauthorized access; requires a written warning label; provides penalties.
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A05175 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5175--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection -- recommitted to the Committee
          on Consumer Affairs and Protection in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the  general  business law, in relation to requiring
          certain security features and warning labels on baby monitors
 
          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  399-iii to read as follows:
     3    §  399-iii.  Baby monitors. 1. As used in this section, "baby monitor"
     4  means a device that is marketed exclusively for the  purpose  of  broad-
     5  casting audio or video of an infant or child. The term shall not include
     6  a  multi-functional  device such as a smart phone, digital video camera,
     7  security camera, or other similar device.
     8    2. (a) No person, firm, partnership, association, or corporation shall
     9  manufacture, distribute, sell or offer for sale a new baby monitor  that
    10  broadcasts  audio  or  video  through  an  internet connection unless it
    11  includes: (i) security features to prevent unauthorized users from hear-
    12  ing or viewing activity; and (ii) a label or notice warning consumers of
    13  the risks associated with an unsecured baby monitor connection, and  the
    14  importance of using its security features.
    15    (b)  The label or notice required by paragraph (a) of this subdivision
    16  shall be displayed in a written, printed, or graphic manner on the  box,
    17  container,  or  package  of a baby monitor, or shall otherwise accompany
    18  the baby monitor at the time of its distribution or sale in type no less
    19  than size twelve-point font.   The information on  the  label  shall  be
    20  conspicuous  and easily understandable to consumers and be substantially
    21  similar to the following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09221-02-6

        A. 5175--A                          2
 
     1    "WARNING! THIS PRODUCT CONNECTS TO THE INTERNET. TO PREVENT  UNAUTHOR-
     2  IZED  USERS FROM ACCESSING OR VIEWING PRODUCT ACTIVITY, USE THE SECURITY
     3  FEATURES PROVIDED."
     4    3. Manufacturers shall be responsible for ensuring that all baby moni-
     5  tors have the security features to prevent unauthorized users from hear-
     6  ing  or viewing activities and the warning label as required by subdivi-
     7  sion two of this section.
     8    4. Any person,  firm,  partnership,  association,  or  corporation  in
     9  violation  of  this  section  shall be subject to a civil penalty of not
    10  more than two hundred fifty dollars for a first violation and  not  more
    11  than  five  hundred dollars for a second or subsequent violation of this
    12  section. The provisions of this section shall be  enforced  concurrently
    13  by  the director or commissioner of a municipal consumer affairs office,
    14  or by the town attorney,  city  corporation  counsel,  or  other  lawful
    15  designee  of  a  municipal or local government, and all moneys collected
    16  thereunder shall be retained by such municipality or local government.
    17    § 2. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law. Effective immediately, the addition, amendment and/or
    19  repeal  of  any  rule  or regulation necessary for the implementation of
    20  this act on its effective date are authorized to be made  and  completed
    21  on or before such effective date.
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