Bill Text: NY A04253 | 2015-2016 | General Assembly | Introduced
Bill Title: Adds provisions relating to computer file-sharing applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A04253 Detail]
Download: New_York-2015-A04253-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4253 2015-2016 Regular Sessions I N A S S E M B L Y January 29, 2015 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to file-sharing applications 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 section 2 349-f to read as follows: 3 S 349-F. FILE-SHARING APPLICATIONS. 1. FOR THE PURPOSE OF THIS 4 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 (A) "COVERED FILE-SHARING PROGRAM" MEANS A COMPUTER PROGRAM, APPLICA- 6 TION, OR SOFTWARE THAT IS MARKETED OR DISTRIBUTED TO THE PUBLIC AND THAT 7 ENABLES: (I) A FILE OR FILES ON THE COMPUTER ON WHICH SUCH PROGRAM, 8 APPLICATION, OR SOFTWARE IS INSTALLED TO BE DESIGNATED AS AVAILABLE FOR 9 SEARCHING BY AND COPYING TO ONE OR MORE OTHER COMPUTERS; (II) THE TRANS- 10 MISSION OF SUCH DESIGNATED FILES DIRECTLY TO ONE OR MORE OTHER COMPUT- 11 ERS; AND (III) A USER TO REQUEST THE TRANSMISSION OF SUCH DESIGNATED 12 FILES DIRECTLY FROM ONE OR MORE OTHER COMPUTERS. COVERED FILE-SHARING 13 PROGRAM DOES NOT MEAN A PROGRAM, APPLICATION OR SOFTWARE DESIGNED PRIMA- 14 RILY TO OPERATE AS A SERVER THAT IS ACCESSIBLE OVER THE INTERNET USING 15 THE INTERNET DOMAIN NAME SYSTEM, TO TRANSMIT OR RECEIVE EMAIL MESSAGES, 16 INSTANT MESSAGING, REAL-TIME AUDIO OR VIDEO COMMUNICATIONS, OR REAL-TIME 17 VOICE COMMUNICATIONS, OR TO PROVIDE NETWORK OR COMPUTER SECURITY, 18 NETWORK MANAGEMENT, HOSTING AND BACKUP SERVICES, MAINTENANCE, DIAGNOS- 19 TICS, TECHNICAL SUPPORT OR REPAIR, OR TO DETECT OR PREVENT FRAUDULENT 20 ACTIVITIES. 21 (B) "COVERED ENTITY" MEANS: (I) A PERSON, PARTNERSHIP, FIRM, ASSOCI- 22 ATION, OR CORPORATION THAT DEVELOPS A COVERED FILE-SHARING PROGRAM; AND 23 (II) A PERSON, PARTNERSHIP, FIRM, ASSOCIATION, OR CORPORATION THAT 24 DISSEMINATES OR DISTRIBUTES A COVERED FILE-SHARING PROGRAM AND IS OWNED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03818-01-5 A. 4253 2 1 OR OPERATED BY THE PERSON, PARTNERSHIP, FIRM, ASSOCIATION, OR CORPO- 2 RATION THAT DEVELOPED THE COVERED FILE-SHARING PROGRAM. 3 2. (A) IT SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO INSTALL ON ANY 4 COMPUTER, OTHER THAN A COMPUTER OWNED BY SUCH ENTITY, OR OFFER OR MAKE 5 AVAILABLE FOR INSTALLATION OR DOWNLOAD ON ANY COMPUTER A COVERED 6 FILE-SHARING PROGRAM UNLESS SUCH PROGRAM: 7 (I) IMMEDIATELY PRIOR TO THE INSTALLATION OR DOWNLOADING OF SUCH 8 PROGRAM: 9 (A) PROVIDES CLEAR AND CONSPICUOUS NOTICE THAT SUCH PROGRAM ALLOWS 10 FILES ON THE COMPUTER TO BE MADE AVAILABLE FOR SEARCHING BY AND COPYING 11 TO ONE OR MORE OTHER COMPUTERS; AND 12 (B) OBTAINS THE INFORMED CONSENT TO THE INSTALLATION OF SUCH PROGRAM 13 FROM AN OWNER OR AUTHORIZED USER OF THE COMPUTER; AND 14 (II) IMMEDIATELY PRIOR TO INITIAL ACTIVATION OF A FILE-SHARING FUNC- 15 TION OF SUCH PROGRAM: 16 (A) PROVIDES CLEAR AND CONSPICUOUS NOTICE OF WHICH FILES ON THE 17 COMPUTER ARE TO BE MADE AVAILABLE FOR SEARCHING BY AND COPYING TO ANOTH- 18 ER COMPUTER; AND 19 (B) OBTAINS THE INFORMED CONSENT FROM AN OWNER OR AUTHORIZED USER OF 20 THE COMPUTER FOR SUCH FILES TO BE MADE AVAILABLE FOR SEARCHING AND COPY- 21 ING TO ANOTHER COMPUTER. 22 (B) NOTHING IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION 23 SHALL APPLY TO THE INSTALLATION OF A COVERED FILE-SHARING PROGRAM ON A 24 COMPUTER PRIOR TO THE FIRST SALE OF SUCH COMPUTER TO AN END USER, 25 PROVIDED THAT NOTICE IS PROVIDED TO THE END USER WHO FIRST PURCHASES THE 26 COMPUTER THAT SUCH A PROGRAM HAS BEEN INSTALLED ON THE COMPUTER. 27 (C) ONCE THE NOTICE AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS (I) AND 28 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION HAVE BEEN SATISFIED WITH 29 RESPECT TO THE INSTALLATION OR INITIAL ACTIVATION OF A COVERED 30 FILE-SHARING PROGRAM ON A COMPUTER AFTER THE EFFECTIVE DATE OF THIS 31 SECTION, THE NOTICE AND CONSENT REQUIREMENTS OF SUBPARAGRAPHS (I) AND 32 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO THE INSTAL- 33 LATION OR INITIAL ACTIVATION OF SOFTWARE MODIFICATIONS OR UPGRADES TO A 34 COVERED FILE-SHARING PROGRAM INSTALLED ON THAT PROTECTED COMPUTER AT THE 35 TIME OF THE SOFTWARE MODIFICATIONS OR UPGRADES SO LONG AS THOSE SOFTWARE 36 MODIFICATIONS OR UPGRADES DO NOT: 37 (I) MAKE FILES ON THE COMPUTER AVAILABLE FOR SEARCHING BY AND COPYING 38 TO ONE OR MORE OTHER COMPUTERS THAT WERE NOT ALREADY MADE AVAILABLE BY 39 THE COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO ONE OR 40 MORE OTHER COMPUTERS; OR 41 (II) ADD TO THE TYPES OR LOCATIONS OF FILES THAT CAN BE MADE AVAILABLE 42 BY THE COVERED FILE-SHARING PROGRAM FOR SEARCHING BY AND COPYING TO ONE 43 OR MORE OTHER COMPUTERS. 44 3. IT SHALL BE UNLAWFUL FOR ANY COVERED ENTITY TO PREVENT REASONABLE 45 EFFORTS TO DISABLE OR REMOVE, OR TO BLOCK THE INSTALLATION OR EXECUTION 46 OF, A COVERED FILE-SHARING PROGRAM ON ANY COMPUTER. 47 4. THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL 48 NOT APPLY TO THE STATE OR ITS POLITICAL SUBDIVISIONS. 49 5. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS OR REME- 50 DIES THAT ARE OTHERWISE AVAILABLE TO THE CONSUMER OR PURCHASER UNDER ANY 51 OTHER LAW. 52 6. (A) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY 53 COVERED ENTITY THAT VIOLATES ANY PROVISION OF THIS SECTION TO ENFORCE 54 THE PROVISIONS OF THIS SECTION AND MAY RECOVER ANY OR ALL OF THE FOLLOW- 55 ING: A. 4253 3 1 (I) UP TO ONE HUNDRED THOUSAND DOLLARS FOR A KNOWING PATTERN OR PRAC- 2 TICE OF SUCH VIOLATIONS; AND 3 (II) COSTS AND REASONABLE ATTORNEY'S FEES. 4 (B) WHENEVER THE ATTORNEY GENERAL BELIEVES FROM EVIDENCE SATISFACTORY 5 TO HIM OR HER THAT A KNOWING VIOLATION OF THIS SECTION OR A PATTERN OR 6 PRACTICE OF VIOLATING THIS SECTION HAS OCCURRED OR IS ABOUT TO OCCUR HE 7 OR SHE MAY SEEK AN ORDER TO ENJOIN SUCH VIOLATION. 8 S 2. This act shall take effect on the ninetieth day after it shall 9 have become a law.