New York State Assembly

 
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A00724 Summary:

A00724 Actions:

A00724 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Kavanagh      
DATE:06/05/2017AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Kavanagh
Aye
Palumbo
Aye
Abbate
Aye
McDonough
Aye
Quart
Aye
McKevitt
Aye
Buchwald
Aye
Stec
Aye
Solages
Aye
Simon
Aye
Dilan
Aye
Seawright
Aye
Rozic
Aye
Niou
Aye
Pheffer Amato
Aye
Williams
Aye

Committee:CODES   Chair:Lentol      
DATE:06/07/2017AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/12/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Excused
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Excused
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A00724 Floor Votes:

A00724 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         724--B
                                                                 Cal. No. 57
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER,  ORTIZ, ZEBROWSKI, HOOPER, WALLACE,
          WILLIAMS, GLICK, MONTESANO,  GALEF,  D'URSO,  BLAKE,  SANTABARBARA  --
          Multi-Sponsored  by  --  M.  of  A. ENGLEBRIGHT, FRIEND, M. L. MILLER,
          NOLAN, SIMON -- read once and referred to the  Committee  on  Consumer
          Affairs  and Protection -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee  --  passed  by
          Assembly  and  delivered to the Senate, recalled from the Senate, vote
          reconsidered, bill amended, ordered reprinted, retaining its place  on
          the order of third reading
 
        AN  ACT  to  amend  the  general business law, in relation to the use of
          voice recognition features
 
          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 article
     2  32-A to read as follows:
     3                                ARTICLE 32-A
     4                         VOICE RECOGNITION FEATURES
     5  Section 676. Use of voice recognition features in products.
     6    §  676. Use of voice recognition features in products. 1. For purposes
     7  of this section, the following definitions shall apply:
     8    (a) "Connected device" shall mean a television, video game console  as
     9  defined in section three hundred ninety-six-kk of this chapter, computer
    10  as  defined  in  section  three  hundred  ninety-two-a  of this chapter,
    11  computer accessory as defined in section three hundred  ninety-two-a  of
    12  this chapter, internet-capable device as defined in section five hundred
    13  thirty-eight-b  of this chapter, or a toy as defined in paragraph (d) of
    14  this subdivision.
    15    (b) "User" means a person who originally purchases, leases,  or  takes
    16  ownership  of  a connected device. A person who is incidentally recorded
    17  when a voice recognition feature is activated by a  user  shall  not  be
    18  deemed to be a user.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03763-04-8
        A. 724--B                           2
 
     1    (c)  "Voice  recognition  feature"  means  the function of a connected
     2  device that allows the collection, recording, storage, analysis,  trans-
     3  mission, interpretation, or other use of spoken words or other sounds.
     4    (d)  "Toy"  means any product designed or intended by the manufacturer
     5  to be used by children or adults for amusement or play.
     6    2. (a) A person or entity shall not provide the operation of  a  voice
     7  recognition  feature  within  this  state without prominently informing,
     8  during the initial setup or installation of a connected  device,  either
     9  the  user  or  the  person designated by the user to perform the initial
    10  setup or installation of the connected device of the  functions  of  the
    11  device,  that  the device may be recording the user, and that the entity
    12  that makes the device may be retaining such recordings.
    13    (b) Any recordings collected through the operation of a voice recogni-
    14  tion feature by the manufacturer of a connected device shall not be sold
    15  or used for any advertising purposes.
    16    (c) Any recordings collected through the operation of a voice recogni-
    17  tion feature by a third party contracting with  the  manufacturer  of  a
    18  connected device shall not be sold or used for any advertising purposes.
    19    (d)  The  manufacturer  of  a connected device shall not be liable for
    20  functionality provided by third party applications that the user chooses
    21  to use or are downloaded and installed by a user.
    22    3. Nothing in this section shall be construed to authorize  disclosure
    23  of  any  recordings  retained  by  the manufacturer to any individual or
    24  entity, including a law enforcement agency, or any officer, employee, or
    25  agent of such agency, unless otherwise authorized by law or pursuant  to
    26  a judicial order.
    27    4.  (a)  Whenever  the  attorney  general  shall believe from evidence
    28  satisfactory to him or her that there is a violation of this section, he
    29  or she may bring an action in the name and on behalf of  the  people  of
    30  the  state  of  New York, in a court of competent jurisdiction to enjoin
    31  and restrain the continuation of such violation. In such action, prelim-
    32  inary relief may be granted under article sixty-three of the civil prac-
    33  tice law and rules.  In such action, the court  may  award  damages  for
    34  actual  costs  or  losses  incurred by the consumer.  Whenever the court
    35  shall determine in such action that a person or business  violated  this
    36  section,  the  court  may  impose  a  civil penalty of two thousand five
    37  hundred dollars per violation.
    38    (b) The remedies provided by this subdivision shall be in addition  to
    39  any other lawful remedy available.
    40    § 2. This act shall take effect on the one hundred twentieth day after
    41  it shall have become a law.