Prohibits retailers and secondhand dealers from selling, offering for sale, leasing or otherwise making available 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.
STATE OF NEW YORK
________________________________________________________________________
6427
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
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 retailer, as defined in subdivision eleven of section four
9 hundred ninety-a of this chapter, or secondhand dealer, as defined in
10 subdivision six of section four hundred ninety-a of this chapter, shall
11 sell, offer for sale, lease or otherwise make available in this state a
12 baby monitor that broadcasts audio or video through an internet
13 connection unless it includes: (i) security features to prevent unau-
14 thorized users from hearing or viewing activity; and (ii) a label or
15 notice warning consumers of the risks associated with an unsecured baby
16 monitor connection, and the importance of accessing the baby monitor
17 securely and using its security features.
18 (b) The label or notice required by paragraph (a) of this subdivision
19 shall be displayed in a written, printed, or graphic manner on the box,
20 container, or package of a baby monitor, or shall otherwise accompany
21 the baby monitor at the time of its distribution or sale. The informa-
22 tion on the label shall be conspicuous and easily understandable to
23 consumers and be substantially similar to the following:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10558-01-3
A. 6427 2
1 "WARNING! THIS BABY MONITOR ALLOWS INTERNET USERS TO HEAR OR VIEW
2 ACTIVITY. USE THE SECURITY FEATURES INCLUDED WITH THIS DEVICE TO
3 RESTRICT INTERNET VIEWERSHIP."
4 3. It shall be a deceptive act and a violation of article twenty-two-A
5 of this chapter to sell or offer for sale any baby monitor without secu-
6 rity features and a corresponding warning label, as required pursuant to
7 subdivision two of this section.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law. Effective immediately the addition, amendment and/or
10 repeal of any rule or regulation necessary for the implementation of
11 this act on its effective date are authorized to be made and completed
12 on or before such effective date.
