Relates to offering parental controls for internet services

Summary of provisions

Section 1 amends the Public Service Law by adding a new Article 12 that includes the following provisions.

§ 300. Definitions, This section defines "child," "Internet or any other computer network," "Internet access provider," and "interactive computer service."

§ 301. Parental controls. This section requires all Internet access providers to offer products or services allowing parents to control their child's use of the Internet. The products and services must allow parents the ability to block access to specific websites or domains; restrict a child's access to specific websites that are approved by the parents; and allow the parents to monitor a child's use of the Internet.

The bill provides an exception for certain types of wireless services providers for which parental control technology may not yet be available; the bill requires such providers to offer parental control technology when it is reasonably and commercially available.

§ 302. Enforcement. This section authorizes the Attorney General to bring a civil action against any Internet access provider that violates this article to enjoin the violation and to recover up to one hundred dollars per violation, or up to one thousand dollars for a pattern or practice of such violations.

Section 2 is the effective date.

Justification

Cyberspace is the new playground for young people to meet and congregate. However, it is a place that can possess the same problems that exist on traditional playgrounds, such as bullying (or "cyberbullying"). There are numerous examples where children have been exposed to real danger on the Internet. In many instances, young people engage in conversations in chat rooms, talk with others on social networking websites, and visit web pages, not suspecting that the individual on the other end may not have the best intentions. The results can be tragic, or unsettling.

Physical danger is not the only peril that young people face on the Internet. Young people can access inappropriate information and sites, such as violent and pornographic images and gambling sites, "term-paper mill" sites, mp3 download sites, and a variety of legal content that parents may not wish their children to encounter. Further, the Internet

easily allows young people to be defrauded when filling out information on Internet and other forms that could result in identity theft.

As a community, and as parents, we need to make certain that our children can access the Internet in a safe and secure way. Therefore, it is critical that parents are offered easy access to, and are made aware of, "parental controls" software so that they can block certain websites and monitor a young person's use of the Internet.

This bill requires that Internet access providers offer such services. In many cases, Internet access providers do. However, it is imperative that all providers offer parents the service. Furthermore, this bill does not mandate parents use parental controls. It simply requires that the services are offered.

Other states have introduced similar legislation. For example, the Legislature in the state of Georgia introduced legislation that included parental controls (see Senate bill 474 at § 39-5-2).

This carefully constructed bill will make sure all Internet access providers offer parental controls, so we can collectively protect our children on the Internet.

Legislative history

2009-10: S.5171/A.625A - Referred to Rules 2008-09: S.7353B/A.10692B - Rules

Fiscal impact on the state

None.

Effective date

This act shall take effect on the 180th day after is shall have become law.