Prohibits an augmented reality game developer from developing any augmented reality game that causes or allows any in-game objective to be located at, or accessible within a one hundred foot radius of the digital location corresponding with the recorded place of residence of a sex offender as defined in Article 6-C of the correction law; defines "augmented reality game" to be a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses; which causes users to physically move to and/or personally interact with locations outside the user's place of residence for the purpose of achieving goals or moving from place to place within the game; authorizes attorney general enforcement.
STATE OF NEW YORK
________________________________________________________________________
1982
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to augmented real-
ity games
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
2 391-u to read as follows:
3 § 391-u. Augmented reality game. 1. For the purposes of this section,
4 the following terms shall have the following meanings:
5 (a) "Augmented reality game" shall be a digital application or game,
6 typically accessed on mobile devices, including but not limited to:
7 smartphones; tablets; or augmented reality glasses; which causes users
8 to physically move to and/or personally interact with locations outside
9 the user's place of residence for the purpose of achieving goals or
10 moving from place to place within the game.
11 (b) "In-game objective" shall be any element of the game which is
12 accessible at a specific digital location or multiple digital locations.
13 (c) "Digital location" shall be the in-game location analogue to an
14 existing physical address in the real world, mapped by means of digital
15 information processed within the game that corresponds to actual
16 addresses and/or GPS coordinates.
17 (d) "Augmented reality game developer" shall mean any individual or
18 business entity which has developed and owns the rights to an augmented
19 reality game. In the event that a developer sells the controlling
20 intellectual property rights to another entity and no longer maintains
21 control of the development of the augmented reality game, the new
22 controlling entity shall be considered the developer.
23 2. No augmented reality game developer shall cause or allow any
24 in-game objective to be located at, or accessible within a one hundred
25 foot radius of the digital location corresponding with the reported
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05597-01-9
S. 1982 2
1 place of residence of a sex offender subject to lifetime registration as
2 defined in article six-C of the correction law, as reported on the
3 internet subdirectory of level two and level three sex offenders main-
4 tained by the division of criminal justice services.
5 3. An augmented reality game developer shall update its in-game objec-
6 tive digital location exclusions within the game at least once per
7 month.
8 4. The attorney general shall have the authority to institute a civil
9 action or proceeding to enforce the provisions of this section. Any
10 person or entity that knowingly violates this section shall be subject
11 to a daily fine of up to one hundred dollars each day for each digital
12 location within the augmented reality game that is not in compliance
13 with this section.
14 § 2. This act shall take effect on the sixtieth day after it shall
15 have become a law.