STATE OF NEW YORK ________________________________________________________________________ 5468--A 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ Introduced by M. of A. GUNTHER, ZEBROWSKI, WALLACE, GLICK, SANTABARBARA, BUTTENSCHON, OTIS, SAYEGH -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 19 (c) "Voice recognition feature" means the function of a connected 20 device that allows the collection, recording, storage, analysis, trans- 21 mission, interpretation, or other use of spoken words or other sounds. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03475-02-3A. 5468--A 2 1 (d) "Toy" means any product designed or intended by the manufacturer 2 to be used by children or adults for amusement or play. 3 2. (a) A person or entity shall not provide the operation of a voice 4 recognition feature within this state without prominently informing, 5 during the initial setup or installation of a connected device, either 6 the user or the person designated by the user to perform the initial 7 setup or installation of the connected device of the functions of the 8 device, that the device may be recording the user, and that the entity 9 that makes the device may be retaining these recordings. 10 (b) Any recordings collected through the operation of a voice recogni- 11 tion feature by the manufacturer of a connected device shall not be sold 12 or used for any advertising purposes. 13 (c) Any recordings collected through the operation of a voice recogni- 14 tion feature by a third party contracting with the manufacturer of a 15 connected device shall not be sold or used for any advertising purposes. 16 (d) The manufacturer of a connected device shall not be liable for 17 functionality provided by third party applications that the user chooses 18 to use or are downloaded and installed by a user. 19 3. Nothing in this section shall be construed to authorize disclosure 20 of any recordings retained by the manufacturer to any individual or 21 entity, including a law enforcement agency, or any officer, employee, or 22 agent of such agency, unless otherwise authorized by law or pursuant to 23 a judicial order. 24 4. (a) Whenever the attorney general shall believe from evidence 25 satisfactory to him or her that there is a violation of this section, he 26 or she may bring an action in the name and on behalf of the people of 27 the state of New York, in a court of competent jurisdiction to enjoin 28 and restrain the continuation of such violation. In such action, prelim- 29 inary relief may be granted under article sixty-three of the civil prac- 30 tice law and rules. In such action, the court may award damages for 31 actual costs or losses incurred by the consumer. Whenever the court 32 shall determine in such action that a person or business violated this 33 section, the court may impose a civil penalty not to exceed two thousand 34 five hundred dollars per violation. 35 (b) The remedies provided by this subdivision shall be in addition to 36 any other lawful remedy available. 37 § 2. This act shall take effect on the one hundred twentieth day after 38 it shall have become a law.