Bill Text: NY S04012 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the use of voice recognition features on certain products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S04012 Detail]

Download: New_York-2019-S04012-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4012
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 25, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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  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.
    22    (d) "Toy" means any product designed or intended by  the  manufacturer
    23  to be used by children or adults for amusement or play.
    24    2.  (a)  A person or entity shall not provide the operation of a voice
    25  recognition feature within this  state  without  prominently  informing,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06436-01-9
        S. 4012                             2
     1  during  the  initial setup or installation of a connected device, either
     2  the user or the person designated by the user  to  perform  the  initial
     3  setup  or  installation  of the connected device of the functions of the
     4  device,  that  the device may be recording the user, and that the entity
     5  that makes the device may be retaining these recordings.
     6    (b) Any recordings collected through the operation of a voice recogni-
     7  tion feature by the manufacturer of a connected device shall not be sold
     8  or used for any advertising purposes.
     9    (c) Any recordings collected through the operation of a voice recogni-
    10  tion feature by a third party contracting with  the  manufacturer  of  a
    11  connected device shall not be sold or used for any advertising purposes.
    12    (d)  The  manufacturer  of  a connected device shall not be liable for
    13  functionality provided by third party applications that the user chooses
    14  to use or are downloaded and installed by a user.
    15    3. Nothing in this section shall be construed to authorize  disclosure
    16  of  any  recordings  retained  by  the manufacturer to any individual or
    17  entity, including a law enforcement agency, or any officer, employee, or
    18  agent of such agency, unless otherwise authorized by law or pursuant  to
    19  a judicial order.
    20    4.  (a)  Whenever  the  attorney  general  shall believe from evidence
    21  satisfactory to him or her that there is a violation of this section, he
    22  or she may bring an action in the name and on behalf of  the  people  of
    23  the  state  of  New York, in a court of competent jurisdiction to enjoin
    24  and restrain the continuation of such violation. In such action, prelim-
    25  inary relief may be granted under article sixty-three of the civil prac-
    26  tice law and rules.  In such action, the court  may  award  damages  for
    27  actual  costs  or  losses  incurred by the consumer.  Whenever the court
    28  shall determine in such action that a person or business  violated  this
    29  section,  the  court  may  impose  a  civil penalty of two thousand five
    30  hundred dollars per violation.
    31    (b) The remedies provided by this subdivision shall be in addition  to
    32  any other lawful remedy available.
    33    § 2. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law.