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S08507 Summary:

BILL NOS08507B
 
SAME ASSAME AS A10132-B
 
SPONSORFAHY
 
COSPNSR
 
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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S08507 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8507--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                   September 12, 2025
                                       ___________
 
        Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Internet  and Technology in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13518-09-6

        S. 8507--B                          2
 
     1    (d) "Minimum guaranteed support time frame" means the  minimum  amount
     2  of  time  for  which  a  company has publicly committed to providing all
     3  necessary  updates  and  support  for  a  connected  consumer   product,
     4  expressed as a specific date for the end of the time frame.
     5    (e)  "Product  update"  means an update, other than a security update,
     6  released for a connected consumer product to address effectively a  flaw
     7  in  the  software,  hardware,  or  firmware running on such product that
     8  interferes with the full functioning of such product.
     9    (f) "Product web page" means a web page  specific  to  the  particular
    10  connected  consumer product that contains information about such product
    11  and its features.
    12    (g) "Security update" means an update released for a connected consum-
    13  er product to address effectively a vulnerability in the software, hard-
    14  ware, or firmware running on such product.
    15    (h) "Support" means service to ensure that a connected consumer  prod-
    16  uct  continues to fully function and to provide information and guidance
    17  to consumers regarding proper use of such product.
    18    (i) "Update" means a product update or a security update.
    19    (j) "Vulnerability" means a flaw in the software, hardware,  or  firm-
    20  ware  running  on a connected consumer product that lessens the security
    21  or integrity of such product.
    22    2.  Requirements.  The  following  requirements  shall  apply  to  any
    23  connected consumer product manufactured or sold after January first, two
    24  thousand twenty-seven:
    25    (a)  The manufacturer shall clearly and prominently disclose a minimum
    26  guaranteed support time frame to  prospective  buyers,  in  all  of  the
    27  following ways:
    28    (i) disclosing on the product web page;
    29    (ii)  disclosing at the point of sale, in a manner reasonably designed
    30  to reach the attention of the prospective buyer, if the manufacturer has
    31  the ability to make the disclosure directly to prospective buyers at the
    32  point of sale; and
    33    (iii) if the manufacturer does  not  have  the  ability  to  make  the
    34  disclosure directly to prospective buyers at the point of sale, disclos-
    35  ing  to the retailer with instructions to disclose to prospective buyers
    36  at the point of sale.
    37    (b) The minimum guaranteed support time frame shall not be  inconsist-
    38  ent  with  reasonable  consumer  expectations about how long a connected
    39  consumer product's features that depend upon internet connectivity  will
    40  continue to function safely and effectively.
    41    (c) The minimum guaranteed support time frame for a connected consumer
    42  product  shall  not  be  reduced after it is first disclosed pursuant to
    43  paragraph (a) of this subdivision. A manufacturer may extend the minimum
    44  guaranteed support time frame at any time in the manner described  under
    45  paragraph (a) of this subdivision.
    46    (d)  The  disclosures  described  in paragraph (a) of this subdivision
    47  shall also include a detailed account of the features and  functionality
    48  that  will  be  lost  or compromised when the connected consumer product
    49  reaches its end of life.
    50    (e)  The  manufacturer  shall  provide  advance  notification  of  the
    51  connected  consumer product's end of life, as described in paragraph (f)
    52  of this subdivision, to the public and owners of such product:
    53    (i) six months before such product reaches end of life; and
    54    (ii) on the date on which such product reaches end of life.
    55    (f) A manufacturer shall provide the notification described  in  para-
    56  graph (e) of this subdivision in each of the following ways:

        S. 8507--B                          3
 
     1    (i) through an interface on the connected consumer product or an asso-
     2  ciated application, if practicable;
     3    (ii)  through  email  to  owners of the connected consumer product for
     4  whom the manufacturer possesses an email address; and
     5    (iii) on the connected consumer product's web page.
     6    (g) Notification about the connected consumer product's  end  of  life
     7  shall include clear information about actions consumers can take if they
     8  want  to  continue  using the connected consumer product in a secure and
     9  effective manner, disconnecting such product from the internet and shall
    10  provide a list of features lost in,  and  vulnerabilities  and  security
    11  risks that are likely to result from such product's end of life.
    12    (h)  The  manufacturer  shall not sell, lease, or otherwise distribute
    13  the connected consumer product after the date that is  one  year  before
    14  the minimum guaranteed support time frame end date for such product.
    15    (i) A business that owns or controls a connected consumer product that
    16  it  leases  or  otherwise provides to its customers as part of a service
    17  shall:
    18    (i) ensure that updates provided by the manufacturer for such  product
    19  are promptly received and applied; and
    20    (ii) when the product has reached end of life:
    21    (A) promptly so notify customers; and
    22    (B)  replace  such product, at no additional cost to customers, with a
    23  comparable product capable of receiving necessary updates  and  support,
    24  when  such  comparable  product is reasonably available to the business,
    25  and so notify customers.
    26    3. Exemption. Nothing in this section shall apply to a medical device,
    27  as defined by paragraph (g) of subdivision one of section three  hundred
    28  ninety-nine-nn of this article.
    29    4.  Enforcement. Any violation of the provisions of this section shall
    30  constitute an unlawful practice under section three  hundred  forty-nine
    31  of  this  chapter. All remedies, penalties, and authority granted to the
    32  attorney general therein shall be available for the enforcement of  this
    33  section.
    34    § 3. This act shall take effect immediately.
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