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S09508 Summary:

BILL NOS09508
 
SAME ASSAME AS A05175-A
 
SPONSORGOUNARDES
 
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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S09508 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9508
 
                    IN SENATE
 
                                     March 18, 2026
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology
 
        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:
    22    "WARNING! THIS PRODUCT CONNECTS TO THE INTERNET. TO PREVENT  UNAUTHOR-
    23  IZED  USERS FROM ACCESSING OR VIEWING PRODUCT ACTIVITY, USE THE SECURITY
    24  FEATURES PROVIDED."
    25    3. Manufacturers shall be responsible for ensuring that all baby moni-
    26  tors have the security features to prevent unauthorized users from hear-
    27  ing or viewing activities and the warning label as required by  subdivi-
    28  sion two of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09221-03-6

        S. 9508                             2
 
     1    4.  Any  person,  firm,  partnership,  association,  or corporation in
     2  violation of this section shall be subject to a  civil  penalty  of  not
     3  more  than  two hundred fifty dollars for a first violation and not more
     4  than five hundred dollars for a second or subsequent violation  of  this
     5  section.  The  provisions of this section shall be enforced concurrently
     6  by the director or commissioner of a municipal consumer affairs  office,
     7  or  by  the  town  attorney,  city  corporation counsel, or other lawful
     8  designee of a municipal or local government, and  all  moneys  collected
     9  thereunder shall be retained by such municipality or local government.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law. Effective immediately, the addition, amendment and/or
    12  repeal of any rule or regulation necessary  for  the  implementation  of
    13  this  act  on its effective date are authorized to be made and completed
    14  on or before such effective date.
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