What's happening
This bill prohibits augmented reality games from placing objectives near the homes of registered sex offenders and requires monthly updates to enforce this restriction.
Why it matters
Protects vulnerable populations. by making it illegal for augmented reality (AR) games (like Pokémon GO) to place game objectives close to the homes of people convicted of serious sex offenses, potentially reducing the risk of dangerous interactions between offenders and children or other players.
Holds AR game developers accountable. by requiring them to regularly (at least monthly) update their games to reflect the latest information on registered sex offenders’ residences, ensuring ongoing compliance and not just a one-time check.
Creates a clear legal and financial incentive for compliance. , as developers who fail to remove or relocate objectives near the homes of qualifying offenders can face daily fines for each violation, which could add up quickly for popular games with many objectives.
Empowers the state’s attorney general to enforce the rule. , signaling that this is a matter of public safety and consumer protection, and establishing a straightforward mechanism for addressing violations.
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Who cares
Headline styles
Keep AR Games From Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1982
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SAVINO -- 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 augmented reality games
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 391-u to read as follows:
§ 391-u. Augmented reality game. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "Augmented reality game" shall 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.
(b) "In-game objective" shall be any element of the game which is accessible at a specific digital location or multiple digital locations.
(c) "Digital location" shall be the in-game location analogue to an existing physical address in the real world, mapped by means of digital information processed within the game that corresponds to actual addresses and/or GPS coordinates.
(d) "Augmented reality game developer" shall mean any individual or business entity which has developed and owns the rights to an augmented reality game. In the event that a developer sells the controlling intellectual property rights to another entity and no longer maintains control of the development of the augmented reality game, the new controlling entity shall be considered the developer.
2. No augmented reality game developer shall cause or allow any in-game objective to be located at, or accessible within a one hundred foot radius of the digital location corresponding with the reported
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05597-01-9
S. 1982 2
place of residence of a sex offender subject to lifetime registration as defined in article six-C of the correction law, as reported on the internet subdirectory of level two and level three sex offenders maintained by the division of criminal justice services.
3. An augmented reality game developer shall update its in-game objective digital location exclusions within the game at least once per month.
4. The attorney general shall have the authority to institute a civil action or proceeding to enforce the provisions of this section. Any person or entity that knowingly violates this section shall be subject to a daily fine of up to one hundred dollars each day for each digital location within the augmented reality game that is not in compliance with this section.
§ 2. This act shall take effect on the sixtieth 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 augmented real- ity games
Purpose
This bill will create a new class of digital games in the general busi- ness law, and will ensure that in-game objectives are not located near sex offenders' residences.
Summary of provisions
Section 1: Defines augmented reality games, developers, and associated in-game objectives. Mandates that augmented reality game developers shall not cause or allow any in-game objectives to be located within a one hundred foot radius of any registered sex offender's home (for addresses that are listed on the Division of Criminal Justice Service's website). Augmented reality game developers must update their in-game location exclusions at least once per month. Empowers the attorney general enforce this section via civil action or proceeding. The attor- ney general may issue a daily fine of up to one hundred dollars for each in-game location that is non-conforming.
Section 2: The act shall take effect 60 days after it becomes law.
Existing law
Under current law, augmented reality games are not defined, and no such requirements are placed on augmented reality game developers.
Justification
Augmented reality games are a new class of games that allow users to engage in scenarios that combine elements of the real world with fictional elements which are part of the game. These games are often played on smartphones and tablets, as they usually require the user to move around from place to place to satisfy certain in-game objectives. Some of these games, such as the massively popular "Pokemon GO" are like modern scavenger hunts. They send a user outside his/her home to real- world locations in order to find rare characters/items to gain more power within the game. Pokemon GO is the first massively popular augmented reality game, and within less than a month of its publishing, has garnered 30 million downloads between the iOS and Google Play app stores. However, because both children and adults are encouraged to play these games, (Pokemon GO lists its target audience as all those over ten years of age), there are inherent risks for unsupervised children. The IDC has conducted an investigation that has revealed valuable in-game objectives on the property of sex offenders' residences. Due to the popularity of this emerging game type, and its ability to direct chil- dren to certain locations to reach their goals in the game, it is neces- sary to ensure that these augmented reality games are as safe as possi- ble. This legislation will keep in-game objectives away from the homes of sex offenders, thus eliminating the possibility that the game will encourage children to play at or near a sex offender's residence.
Legislative history
2018: S2651 - Passed Senate 2017: S2651 - Passed Senate
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the sixtieth 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.