What's happening
This bill requires manufacturers to inform users when devices with voice recognition features may record them and restricts use and sale of such recordings.
Why it matters
Mandates clear disclosure to users. Manufacturers must prominently inform users during setup if a device has voice recognition features that may record them, increasing transparency about potentially sensitive data collection.
Restricts commercialization of voice data. Recordings collected via these features cannot be sold or used for advertising, reducing the risk of personal conversations being exploited for profit or targeted marketing.
Limits manufacturer liability for user-installed apps. The bill exempts manufacturers from responsibility if users choose to install third-party apps that may have their own voice data practices, clarifying legal boundaries for device makers.
Establishes legal consequences for violations. The Attorney General can take legal action against violators, including obtaining injunctions, awarding damages to consumers, and imposing civil penalties, providing strong enforcement mechanisms to protect consumer privacy.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Voice Recording Disclosure
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1323
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6116
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the use of voice recognition features
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 32-A to read as follows:
ARTICLE 32-A
VOICE RECOGNITION FEATURES Section 676. Use of voice recognition features in products.
§ 676. Use of voice recognition features in products. 1. For purposes of this section, the following definitions shall apply:
(a) "Connected device" shall mean a television, video game console as defined in section three hundred ninety-six-kk of this chapter, computer as defined in section three hundred ninety-two-a of this chapter, computer accessory as defined in section three hundred ninety-two-a of this chapter, internet-capable device as defined in section five hundred thirty-eight-b of this chapter, or a toy as defined in paragraph (d) of this subdivision.
(b) "User" means a person who originally purchases, leases, or takes ownership of a connected device. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.
(c) "Voice recognition feature" means the function of a connected device that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds.
(d) "Toy" means any product designed or intended by the manufacturer to be used by children or adults for amusement or play.
2. (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03763-03-7
S. 6116 2
during the initial setup or installation of a connected device, either the user or the person designated by the user to perform the initial setup or installation of the connected device of the functions of the device, that the device may be recording the user, and that the entity that makes the device may be retaining these recordings.
(b) Any recordings collected through the operation of a voice recognition feature by the manufacturer of a connected device shall not be sold or used for any advertising purposes.
(c) Any recordings collected through the operation of a voice recognition feature by a third party contracting with the manufacturer of a connected device shall not be sold or used for any advertising purposes.
(d) The manufacturer of a connected device shall not be liable for functionality provided by third party applications that the user chooses to use or are downloaded and installed by a user.
3. Nothing in this section shall be construed to authorize disclosure of any recordings retained by the manufacturer to any individual or entity, including a law enforcement agency, or any officer, employee, or agent of such agency, unless otherwise authorized by law or pursuant to a judicial order.
4. (a) Whenever the attorney general shall believe from evidence satisfactory to him or her that there is a violation of this section, he or she may bring an action in the name and on behalf of the people of the state of New York, in a court of competent jurisdiction to enjoin and restrain the continuation of such violation. In such action, preliminary relief may be granted under article sixty-three of the civil practice law and rules. In such action, the court may award damages for actual costs or losses incurred by the consumer. Whenever the court shall determine in such action that a person or business violated this section, the court may impose a civil penalty of two thousand five hundred dollars per violation.
(b) The remedies provided by this subdivision shall be in addition to any other lawful remedy available.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the use of voice recognition features
Purpose
This bill would regulate voice recognition features in Internet-connected devices
Summary of provisions
Section 1 adds a new article 32-a to the general business law to regulate voice recognition features. Subdivision 1 of section 676 sets forth definitions to be used in the section. Paragraph (a) of subdivision 2 will require users be notified that they are using voice recognition features on their connected devices. Paragraph (b) states that recordings of spoken word collected by the manufacturer through voice recognition features shall not be sold or used for advertising purposes. Paragraph (c) states that recordings of spoken word collected by a third party through voice recognition features shall not be sold or used for advertising purposes. Paragraph (d) states that the manufacturer shall not be liable for functionality provided by third party applications that the user chooses to download. Subdivision 3 states that this shall not be construed to authorize disclosure of any recordings retained by the manufacturer. Subdivision 4 allows the Attorney General to bring an action if he or she believes there is a violation of this section.
Section 2 is the effective date.
Justification
Companies that manufacture internet-capable devices like cell phones and televisions may record a user's voice without an individual's consent if the product has voice recognition software. Manufacturers should not be able to sell these recordings for a profit or use them for advertising purposes. California has enacted similar legislation to curb this practice on internet capable televisions. As technology continues to progress, it is important that customers are aware that their privacy may be violated.
Fiscal implications
None to state.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.