Bill Text: NY S08173 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits an augmented reality game developer from developing any augmented reality game that causes or allows any in-game objective to be located at, or accessible within a one hundred foot radius of the digital location corresponding with the recorded place of residence of a sex offender as defined in Article 6-C of the correction law; defines "augmented reality game" to be a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses; which causes users to physically move to and/or personally interact with locations outside the user's place of residence for the purpose of achieving goals or moving from place to place within the game; authorizes attorney general enforcement.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-08-03 - REFERRED TO RULES [S08173 Detail]

Download: New_York-2015-S08173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8173
                    IN SENATE
                                     August 3, 2016
                                       ___________
        Introduced  by  Sens.  KLEIN,  SAVINO, AVELLA, CARLUCCI, VALESKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules
        AN ACT to amend the general business law, in relation to augmented real-
          ity games
          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  391-u to read as follows:
     3    § 391-u. Augmented reality game. 1. For the purposes of this  section,
     4  the following terms shall have the following meanings:
     5    (a)  "Augmented  reality game" shall be a digital application or game,
     6  typically accessed on mobile devices,  including  but  not  limited  to:
     7  smartphones;  tablets;  or augmented reality glasses; which causes users
     8  to physically move to and/or personally interact with locations  outside
     9  the  user's  place  of  residence  for the purpose of achieving goals or
    10  moving from place to place within the game.
    11    (b) "In-game objective" shall be any element  of  the  game  which  is
    12  accessible at a specific digital location or multiple digital locations.
    13    (c)  "Digital  location"  shall be the in-game location analogue to an
    14  existing physical address in the real world, mapped by means of  digital
    15  information  processed  within  the  game  that  corresponds  to  actual
    16  addresses and/or GPS coordinates.
    17    (d) "Augmented reality game developer" shall mean  any  individual  or
    18  business  entity which has developed and owns the rights to an augmented
    19  reality game.   In the event that  a  developer  sells  the  controlling
    20  intellectual  property  rights to another entity and no longer maintains
    21  control of the development  of  the  augmented  reality  game,  the  new
    22  controlling entity shall be considered the developer.
    23    2.  No  augmented  reality  game  developer  shall  cause or allow any
    24  in-game objective to be located at, or accessible within a  one  hundred
    25  foot  radius  of  the  digital  location corresponding with the reported
    26  place of residence of a sex offender subject to lifetime registration as
    27  defined in article six-C of the  correction  law,  as  reported  on  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15947-06-6
        S. 8173                             2
     1  internet  subdirectory  of level two and level three sex offenders main-
     2  tained by the division of criminal justice services.
     3    3. An augmented reality game developer shall update its in-game objec-
     4  tive  digital  location  exclusions  within  the  game at least once per
     5  month.
     6    4. The attorney general shall have the authority to institute a  civil
     7  action  or  proceeding  to  enforce the provisions of this section.  Any
     8  person or entity that knowingly violates this section shall  be  subject
     9  to  a  daily fine of up to one hundred dollars each day for each digital
    10  location within the augmented reality game that  is  not  in  compliance
    11  with this section.
    12    §  2.  This  act  shall take effect on the sixtieth day after it shall
    13  have become a law.