What's happening
This bill requires manufacturers of internet-connected devices sold in New York to include reasonable security features to protect user data.
Why it matters
Establishes a legal baseline for what constitutes "reasonable security features". in internet-connected devices, which means manufacturers will have to design devices that specifically protect against unauthorized access, use, or disclosure of user information, raising the security standard across commonly used household and workplace technology.
Targets weak default passwords by requiring unique passwords or mandatory password changes. for devices accessed remotely, addressing a major vulnerability exploited in large-scale cyberattacks (such as botnets), and pushing manufacturers to move away from easily-guessed, factory-set credentials.
Clarifies the scope and limits of manufacturer responsibility. , exempting them from liability for third-party apps users install, and not restricting users from modifying their own devices—thus balancing consumer protection with continued device flexibility and innovation.
Enforcement is centralized with the Attorney General, not private lawsuits. , which means consumers cannot sue manufacturers directly under this law, but it creates a potential for broad, state-level action against non-compliant companies, increasing overall accountability in the connected device marketplace.
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Who cares
Headline styles
Secure Internet-Connected Devices
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported referred to rules
- Reported referred to codes
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Smart Device Security
In Senate Committee · Internet And Technology · Sponsor Joseph A. Griffo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2229
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the security of connected devices
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 section 390-d to read as follows:
§ 390-d. Security of connected devices. 1. For the purposes of this section, the following terms have the following meanings:
(a) "Authentication" means a method of verifying the authority of a user, process, or device to access resources in an information system.
(b) "Connected device" means any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or bluetooth address.
(c) "Manufacturer" means the person who manufactures, or contracts with another person to manufacture on the person's behalf, connected devices that are sold or offered for sale in the state. For the purposes of this section, a contract with another person to manufacture on the person's behalf does not include a contract only to purchase a connected device, or only to purchase and brand a connected device.
(d) "Security feature" means a feature of a device designed to provide security for that device.
(e) "Unauthorized access, destruction, use, modification, or disclosure" means access, destruction, use, modification, or disclosure that is not authorized by the consumer.
2. (a) A manufacturer of a connected device shall equip such device with a reasonable security feature or features that are all of the following:
(1) Appropriate to the nature and function of the device.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01120-01-9
A. 2229 2
(2) Appropriate to the information it may collect, contain, or transmit; and
(3) Designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.
(b) Subject to all of the requirements of paragraph (a) of this subdivision, if a connected device is equipped with a means for authentication outside a local area network, it shall be deemed a reasonable security feature under such paragraph if either of the following requirements are met:
(1) The preprogrammed password is unique to each device manufactured; or
(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.
3. (a) This section shall not be construed to impose any duty upon the manufacturer of a connected device related to unaffiliated third-party software or applications that a user chooses to add to a connected device.
(b) This section shall not be construed to impose any duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications, to review or enforce compliance with this section.
(c) This section shall not be construed to impose any duty upon the manufacturer of a connected device to prevent a user from having full control over a connected device, including the ability to modify the software or firmware running on the device at the user's discretion.
(d) This section shall not apply to any connected device the functionality of which is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority.
(e) This section shall not be construed to provide a basis for a private right of action. The attorney general shall have the exclusive authority to enforce this section.
(f) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under any other law, and shall not be construed to relieve any party from any duties or obligations imposed under any other law.
(g) This section shall not be construed to limit the authority of a law enforcement agency to obtain connected device information from a manufacturer as authorized by law or pursuant to an order of a court of competent jurisdiction.
(h) A covered entity, provider of health care, business associate, health care service plan, contractor, employer, or any other person subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall not be subject to this section with respect to any activity regulated by such act.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.