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

                                   306

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  hidden mobile device spying and stalking

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

  Section 1. The general business law is amended by adding a new article
29-CCC to read as follows:

                             ARTICLE 29-CCC
                       BAN ON HIDDEN MOBILE DEVICE
                      SPYING AND STALKING PROGRAMS

SECTION 540. DEFINITIONS.
        541. PROHIBITIONS.
        542. ENFORCEMENT.
  S 540. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "PORTABLE ELECTRONIC DEVICE" SHALL MEAN ANY HAND-HELD MOBILE TELE-
PHONE,  AS  DEFINED  BY  SUBDIVISION  ONE  OF  SECTION  TWELVE   HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, PERSONAL DIGITAL ASSISTANT
(PDA),  HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER,
BROADBAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELEC-
TRONIC GAME, OR PORTABLE COMPUTING DEVICE OR ANY OTHER ELECTRONIC DEVICE
WHEN USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT  FOR  PRESENT  OR
FUTURE COMMUNICATION.
  2.  "INTERNET  CAPABLE" SHALL MEAN ANY PORTABLE ELECTRONIC DEVICE THAT
IS INDIVIDUALLY OR COLLECTIVELY CAPABLE OF PROVIDING WIRELESS  OR  WIRE-
LINE INTERNET ACCESS, IN ADDITION TO ORIGINATION AND COMPLETION OF TELE-
PHONE CALLS.
  3.  "ELECTRONIC  MESSAGE"  SHALL  MEAN  A  MESSAGE SENT OR POSTED TO A
UNIQUE DESTINATION,  COMMONLY  EXPRESSED  AS  A  STRING  OF  CHARACTERS,
CONSISTING OF A UNIQUE USER NAME OR MAILBOX (COMMONLY REFERRED TO AS THE
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02284-01-5

A. 306                              2

"LOCAL  PART")  AND A REFERENCE TO AN INTERNET DOMAIN (COMMONLY REFERRED
TO AS THE "DOMAIN PART"), WHETHER OR NOT DISPLAYED, TO  WHICH  AN  ELEC-
TRONIC MESSAGE CAN BE SENT, DELIVERED OR POSTED.
  S 541. PROHIBITIONS. 1. BAN ON SECRET MOBILE SPYING PROGRAMS. IT SHALL
BE  UNLAWFUL  TO  SELL,  PROVIDE,  OR  KNOWINGLY  FACILITATE THE SALE OR
PROVISION OF ANY COMPUTER PROGRAM THAT CAN BE INSTALLED ONTO AN INTERNET
CAPABLE  PORTABLE  ELECTRONIC  DEVICE  THAT  AUTOMATICALLY  COPIES   AND
FORWARDS  THE  CONTENT  OF  AN ELECTRONIC MESSAGE SENT BY OR RECEIVED ON
SUCH DEVICE TO AN ELECTRONIC ADDRESS OR PORTABLE ELECTRONIC DEVICE  THAT
IS  NOT  THE ELECTRONIC ADDRESS OR PORTABLE ELECTRONIC DEVICE ORIGINALLY
USED IN THE TRANSMISSION OF THE ELECTRONIC MESSAGE UNLESS  SUCH  PROGRAM
(A) OBTAINS THE EXPRESS CONSENT OF THE INDIVIDUAL WHO IS USING THE PORT-
ABLE  ELECTRONIC DEVICE; (B) DISPLAYS AN INDICATOR ON THE DEVICE THAT IS
REASONABLY LIKELY TO BE DISCOVERED BY THE USER  THAT  SUCH  PROGRAM  HAS
BEEN  INSTALLED;  AND  (C) AFTER BEING INITIALLY INSTALLED, SUCH PROGRAM
PROMINENTLY DISPLAYS, NOT EARLIER THAN TWENTY-FOUR HOURS AND  NOT  LATER
THAN  SEVEN DAYS AFTER  THE TIME AN INDIVIDUAL PROVIDES EXPRESS CONSENT,
A NOTIFICATION ON THE HOME OR TURN-ON SCREEN OF THE DEVICE ALERTING  THE
USER  THAT  ELECTRONIC  MESSAGES BEING SENT OR RECEIVED ARE SUBSEQUENTLY
COPIED AND TRANSMITTED TO AN ELECTRONIC ADDRESS OR  PORTABLE  ELECTRONIC
DEVICE  THAT IS NOT THE ELECTRONIC ADDRESS OR PORTABLE ELECTRONIC DEVICE
ORIGINALLY USED IN THE TRANSMISSION OF THE ELECTRONIC MESSAGE.
  2. BAN ON SECRET MOBILE STALKING PROGRAMS. IT  SHALL  BE  UNLAWFUL  TO
SELL,  PROVIDE,  OR  KNOWINGLY  FACILITATE  THE SALE OR PROVISION OF ANY
COMPUTER PROGRAM THAT CAN BE INSTALLED ONTO AN INTERNET CAPABLE PORTABLE
ELECTRONIC DEVICE THAT AUTOMATICALLY  TRANSMITS  THE  LOCATION  OF  SUCH
DEVICE  SO  THAT IT MAY BE ACCESSED FROM A DIFFERENT PORTABLE ELECTRONIC
DEVICE IF SUCH PROGRAM: (A) FAILS TO OBTAIN THE EXPRESS CONSENT  OF  THE
INDIVIDUAL  WHO  IS  USING  THE PORTABLE ELECTRONIC DEVICE; (B) FAILS TO
DISPLAY AN INDICATOR ON THE PORTABLE ELECTRONIC DEVICE THAT  IS  REASON-
ABLY  LIKELY  TO  BE  DISCOVERED  BY THE USER THAT SUCH PROGRAM HAS BEEN
INSTALLED; OR (C) DISABLES OR HIDES NOTIFICATIONS  ON  THE  DEVICE  THAT
SUCH DEVICE IS ACCESSING THE GLOBAL POSITIONING SYSTEM OR OTHER LOCATION
ENABLING SYSTEM.
  3.  FOR  PURPOSES OF SUBDIVISION ONE OR TWO OF THIS SECTION, A PROGRAM
SHALL BE DEEMED REASONABLY LIKELY TO BE DISCOVERED BY THE USER IF  AFTER
INSTALLATION  IT  DISPLAYS  AN  ICON OR INDICATOR OF ITS PRESENCE ON THE
DEVICE IN THE SAME FORM AND MANNER AS A PROGRAM, OTHER THAN THE  OPERAT-
ING  SYSTEM  OF THE DEVICE OR A PART THEREOF, THAT IS SEPARATELY SOLD OR
OFFERED FOR USE ON THE PORTABLE  ELECTRONIC  DEVICE,  AND  SUCH  DISPLAY
CANNOT  BE  MATERIALLY ALTERED OR DELETED BY THE USER FOR AT LEAST SEVEN
DAYS AFTER BEING INSTALLED.
  4. EXCEPTIONS. THIS SECTION  SHALL  NOT  APPLY  TO:  (A)  ANY  PROGRAM
PROVIDED OR SOLD SOLELY TO LAW ENFORCEMENT AGENCIES OR TO BUSINESSES FOR
THE  PURPOSE OF CONDUCTING LAWFUL BUSINESS ACTIVITIES RELATED TO PROVID-
ING SECURITY SERVICES OR FOR  USE  IN  PRIVATE  INVESTIGATIONS,  OR  (B)
PROVIDED OR SOLD SOLELY TO GOVERNMENT AGENCIES.
  S  542.  ENFORCEMENT.  THE  ATTORNEY  GENERAL MAY BRING A CIVIL ACTION
AGAINST ANY PERSON THAT VIOLATES THIS ARTICLE TO ENJOIN  THE  VIOLATION,
AND MAY RECOVER A CIVIL PENALTY UP TO ONE THOUSAND DOLLARS PER VIOLATION
OF  THIS ARTICLE OR, FOR A PATTERN OR PRACTICE OF SUCH VIOLATIONS, UP TO
FIVE THOUSAND DOLLARS PER VIOLATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.