Assembly Bill A1283

2013-2014 Legislative Session

Enacts the "computer spyware protection act"

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1283 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6419
2011-2012: A5809, A7676
2015-2016: A854
2017-2018: A506
2019-2020: A3188
2021-2022: A4490

2013-A1283 (ACTIVE) - Summary

Enacts the "computer spyware protection act"; prohibits the installation, transmission and use of computer software that collects personally identifiable information; authorizes the attorney general to bring a civil action against any person who violates any provision of this section; seeks damages ranging from one thousand dollars to one million dollars.

2013-A1283 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1283

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation  to  enacting  the
  "computer spyware protection act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known  and  be  cited  as  the  "computer
spyware protection act".
  S  2. It is the intent of the legislature to protect owners and opera-
tors of computers in this state from the use of spyware and malware that
is deceptively or surreptitiously installed on the owner's or the opera-
tor's computer.
  S 3. The general business law is amended by adding a new section 399-j
to read as follows:
  S 399-J. COMPUTER SPYWARE PROTECTION. 1.  FOR  THE  PURPOSES  OF  THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CAUSE  TO  BE  COPIED"  MEANS TO DISTRIBUTE OR TRANSFER COMPUTER
SOFTWARE, OR ANY COMPONENT THEREOF. SUCH TERM SHALL NOT INCLUDE  PROVID-
ING:
  (I)  TRANSMISSION,  ROUTING, PROVISION OF INTERMEDIATE TEMPORARY STOR-
AGE, OR CACHING OF SOFTWARE;
  (II) A STORAGE OR HOSTING MEDIUM, SUCH AS A COMPACT DISK, WEB SITE, OR
COMPUTER SERVER THROUGH WHICH THE SOFTWARE WAS DISTRIBUTED  BY  A  THIRD
PARTY; OR
  (III) AN INFORMATION LOCATION TOOL, SUCH AS A DIRECTORY, INDEX, REFER-
ENCE, POINTER, OR HYPERTEXT LINK, THROUGH WHICH THE USER OF THE COMPUTER
LOCATED THE SOFTWARE.
  (B)  "COMPUTER  SOFTWARE"  MEANS A SEQUENCE OF INSTRUCTIONS WRITTEN IN
ANY PROGRAMMING LANGUAGE THAT IS EXECUTED ON A COMPUTER. "COMPUTER SOFT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02965-01-3
              

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