Establishes the class A misdemeanor of making a false statement in an internet privacy policy

BILL NUMBER:S5299

Title of bill

An act to amend the penal law, in relation to establishing the offense of making a false statement in an internet privacy policy

Purpose

Provides that an individual who makes a false or misleading statement in an internet privacy policy is guilty of a class A misdemeanor.

Summary of provisions

Section 1 creates a new sections 190.57 and 190.58 in the penal law. Section 190.57 defines the internet as a system of linked computer networks, international in scope, that facilitate data transmission end exchange, and personal information as any information concerning a natural person which can be used to identify or locate such person. Section 190.58 establishes that a person is guilty of a class A misdemeanor if they make a false statement in an Internet privacy policy when operating or controlling an internet website with regard to the use of personal information submitted by users of the website.

Section 2 sets the effective date.

Justification

For the past ten years, social networking has grown exponentially. Landline telephones and face-to-face contact are replaced with Facebook, Twitter, LinkedIn, Googlee, and Instagram. These social networking services, which are used primarily by teenagers and young adults, require members to upload pictures and information. While some services offer a private option that allows the member to control who can see their information, this does not ensure that the member's information cannot be accessed by the public via search engine. This bill protects the privacy of all private social network members as it establishes that a person who makes a false or misleading statement in an Internet privacy policy is guilty of a class A misdemeanor.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first November next succeeding the date on which it shall become a law.