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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10677
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.
