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

                                   770

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, ENGLEBRIGHT, GALEF, MARKEY, FINCH,
  GIGLIO,  ROBINSON,  HOOPER,  CUSICK,  JAFFEE,  ROSENTHAL,   GABRYSZAK,
  TITONE,  COLTON,  TITUS  -- read once and referred to the Committee on
  Codes

AN ACT to amend the public service law, in relation to offering parental
  controls for internet services

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

  Section  1.  The public service law is amended by adding a new article
12 to read as follows:
                               ARTICLE 12
                       INTERNET PARENTAL CONTROLS
SECTION 300. DEFINITIONS.
        301. PARENTAL CONTROLS.
        302. ENFORCEMENT.
  S 300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "CHILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
  2. "INTERNET OR ANY OTHER COMPUTER NETWORK" MEANS THE COMPUTER NETWORK
COMMONLY KNOWN AS THE INTERNET AND ANY OTHER LOCAL, REGIONAL  OR  GLOBAL
COMPUTER  NETWORK THAT IS SIMILAR TO OR IS A PREDECESSOR OR SUCCESSOR OF
THE INTERNET.
  3. "INTERNET ACCESS PROVIDER" MEANS AN ENTITY THAT PROVIDES  CONSUMERS
WITH PUBLIC ACCESS TO THE INTERNET.
  4.  "INTERACTIVE  COMPUTER  SERVICE"  MEANS  ANY  INFORMATION SERVICE,
SYSTEM, OR ACCESS SOFTWARE PROVIDER THAT PROVIDES  OR  ENABLES  COMPUTER
ACCESS  BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY A
SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SUCH  SYSTEMS
OPERATED OR SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
  S  301.  PARENTAL CONTROLS. 1. IF AN INTERNET ACCESS PROVIDER KNOWS OR
HAS REASON TO KNOW FROM REGISTRATION  DATA  IN  ITS  POSSESSION  THAT  A

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

                                                           LBD03075-01-3

A. 770                              2

SUBSCRIBER  CURRENTLY RESIDES WITHIN THIS STATE, THE PROVIDER SHALL MAKE
AVAILABLE TO THE SUBSCRIBER A PRODUCT  OR  SERVICE  WHICH  THE  PROVIDER
REASONABLY  BELIEVES  MAY ASSIST THE SUBSCRIBER TO CONTROL A CHILD'S USE
OF  THE  INTERNET; PROVIDED HOWEVER, THAT INTERNET ACCESS PROVIDERS THAT
PROVIDE INTERNET ACCESS VIA SPECTRUM REGULATED BY THE FCC,  PURSUANT  TO
47 USC 301 ET SEQ OR ITS SUCCESSORS, SHALL MEET THE REQUIREMENTS OF THIS
SECTION  WHEN  SUCH TECHNOLOGY IS REASONABLY AND COMMERCIALLY AVAILABLE.
THE PRODUCT OR SERVICE MUST ENABLE, IN A COMMERCIALLY REASONABLE MANNER,
THE SUBSCRIBER TO:
  (A) BLOCK A CHILD'S ACCESS TO SPECIFIC WEBSITES OR DOMAINS;
  (B) RESTRICT A CHILD'S ACCESS  EXCLUSIVELY  TO  SPECIFIC  WEBSITES  OR
DOMAINS APPROVED BY THE SUBSCRIBER; AND
  (C)  ALLOW  THE  SUBSCRIBER  TO  MONITOR A CHILD'S USE OF THE INTERNET
SERVICE BY PROVIDING A REPORT TO THE SUBSCRIBER OF THE SPECIFIC WEBSITES
OR DOMAINS THAT THE CHILD HAS VISITED OR  HAS  ATTEMPTED  TO  VISIT  BUT
COULD  NOT  ACCESS  BECAUSE  THE  WEBSITES  OR  DOMAINS  WERE BLOCKED OR
RESTRICTED BY THE SUBSCRIBER.
  2. IF A PRODUCT OR SERVICE DESCRIBED IN THIS SECTION IS REASONABLY AND
COMMERCIALLY AVAILABLE FOR THE TECHNOLOGY UTILIZED BY THE SUBSCRIBER  TO
ACCESS THE INTERNET SERVICE, THE PROVIDER OF INTERNET SERVICE:
  (A)  SHALL  PROVIDE  TO  THE  SUBSCRIBER,  AT  OR  NEAR  THE  TIME  OF
SUBSCRIPTION, NOTICE  OF  THE  AVAILABILITY  OF  A  PRODUCT  OR  SERVICE
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
  (B) MAY MAKE A PRODUCT OR SERVICE DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION  AVAILABLE TO THE SUBSCRIBER EITHER DIRECTLY OR THROUGH A THIRD-
PARTY VENDOR, AND MAY CHARGE FOR THE PRODUCT OR SERVICE.
  S 302. ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY BRING A  CIVIL  ACTION
AGAINST  ANY  INTERNET  ACCESS  PROVIDER  THAT  VIOLATES THIS ARTICLE TO
ENJOIN THE VIOLATION AND MAY RECOVER  A  CIVIL  PENALTY  OF  UP  TO  ONE
HUNDRED DOLLARS PER VIOLATION OF THIS ARTICLE OR, FOR A PATTERN OR PRAC-
TICE OF SUCH VIOLATIONS, OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
  2.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.