A10677 Summary:

SPONSORRules (Rosenthal L)
Add §396-aaaa, Gen Bus L
Prohibits digital advertisers from establishing a virtual "geofence" around a health care facility that enables the advertiser to send targeted advertisements to any cellphones or mobile devices that enter such health care facility; prohibits the delivery of digital advertisements to persons in a health care facility using geofencing technology.
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A10677 Actions:

08/12/2022referred to consumer affairs and protection
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A10677 Committee Votes:

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A10677 Floor Votes:

There are no votes for this bill in this legislative session.
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A10677 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (Rosenthal L)
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting geofencing by digital advertisers at health care facilities   PURPOSE: This legislation will prohibit targeted advertising to individuals through the use of geofencing technology at health care facilities.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 396-aaaa. Section two establishes the effective date.   JUSTIFCATION: Geofencing is a technology that uses global positioning system coordi- nates, cellular data, Wi-Fi data or other means of location detection to create an electronic border around a particular geographic area. This technology allows companies to target cellphoues and electronic devices that enter a geofenced zone with specific advertisements. Some retail establishments use this technology to send targeted advertisements to customers for relevant products and services. However, some companies have used this technology to target patients of certain healthcare facilities, including abortion and reproductive health clinics and clin- ics that provide methadone. In 2015, Copley Advertising, LLC, a Massachusetts-based company, began using the technology to target "abortion-minded women" in these facili- ties, sending them advertisements for weeks following their visit with messages like "Pregnancy Help" and "You Have Choices." When clicked on, the advertisements would direct patients to webpages urging them to consider alternatives and to chat with "pregnancy support" specialists. The company, which was barred from conducting such advertising in Massa- chusetts in 2017, sent similar advertisements to patients in New York City, Pittsburgh, Columbus, Richmond, and St. Louis. While reproductive health clinics have long been the target of harass- ment, geofencing technology allows it to become even more invasive, sending harassing messages to one's personal cellphone for weeks on end and making inferences about their healthcare decisions. A person's visit to a healthcare facility should not open them up to targeted harassment. In 2017, the Massachusetts Attorney General's Office reached a settle- ment with Copley Advertising that barred them from conducting such advertising at Massachusetts healthcare facilities. With the overturning of Roe v. Wade and increased attacks on reproductive health care provid- ers, this legislation would ensure that New York State residents can seek care without virtual harassment by prohibiting geofencing at any health care facility in New York State.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: 30 days.
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A10677 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     August 12, 2022
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
          thal) -- read once and referred to the Committee on  Consumer  Affairs
          and Protection
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          geofencing by digital advertisers at health care facilities
          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  396-aaaa to read as follows:
     3    §  396-aaaa.  Prohibition  on geofencing. 1.  For the purposes of this
     4  section, the following terms shall have the following meanings:
     5    a. "Digital advertiser" shall mean any person,  corporation,  partner-
     6  ship  or  association that delivers digital advertisements by electronic
     7  means.
     8    b. "Digital advertisement" shall include any  communication  delivered
     9  by  electronic  means  that  is  intended to be used for the purposes of
    10  marketing,  solicitation,  or  dissemination  of  information   related,
    11  directly  or  indirectly,  to  goods or services provided by the digital
    12  advertiser or a third party.
    13    c. "Delivered by electronic means" shall include delivery to an  elec-
    14  tronic mail address, posting on an electronic network or site accessible
    15  via  the  internet, mobile application, computer, mobile device, tablet,
    16  or any other electronic device used by a natural person.
    17    d. "Geofencing" shall mean a technology that uses  global  positioning
    18  system  coordinates,  cell  tower  connectivity,  cellular data,   radio
    19  frequency identification, Wi-Fi data and/or any other form  of  location
    20  detection,  to  establish  a  virtual  boundary  or  "geofence" around a
    21  particular location that  allows  a  digital  advertiser  to  track  the
    22  location  of  an  individual  user  and  electronically deliver targeted
    23  digital advertisements directly to such user's mobile device  upon  such
    24  user's entry into the geofenced area.
    25    e. "Health care facility" shall mean any governmental or private agen-
    26  cy,  department,  institution, clinic, laboratory, hospital, physician's
    27  office, nursing care facility, health maintenance organization,  associ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10677                            2
     1  ation  or  other  similar  entity  that provides medical care or related
     2  services pursuant to the provisions of the  public  health  law  or  the
     3  mental  hygiene  law,  including  the building or structure in which the
     4  facility is located.
     5    f. "User" shall mean a natural person who owns or uses a mobile device
     6  or  any  other  connected electronic device capable of receiving digital
     7  advertisements.
     8    2. a. It shall be unlawful for any person, corporation, partnership or
     9  association to deliver by electronic means any digital advertisement  to
    10  a  user  through  the  use  of geofencing at any health care facility as
    11  defined in paragraph e of subdivision one of this section.
    12    b. It shall be unlawful for any person,  corporation,  partnership  or
    13  association  to  establish  a geofence or similar virtual boundary in or
    14  around any health care facility for the purpose of delivering  by  elec-
    15  tronic  means  a digital advertisement to a user within such health care
    16  facility.
    17    § 2. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.
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