74 lines
3.6 KiB
Plaintext
74 lines
3.6 KiB
Plaintext
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STATE OF NEW YORK
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5604
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1989-1990 Regular Sessions
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I N S E N A T E
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May 15, 1989
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Introduced by Sen. Dunne -- read twice and ordered printed, and when
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printed to be committed to the Committee on Energy
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AN ACT to amend the public service law, in relation to protecting the
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confidentiality of individuals in whose name identifying information
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is entered into advertisements on electronic bulletin board or in-
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teractive phone services.
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THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
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BLY DO ENACT AS FOLLOWS:
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1 Section 1. Legislative findings and intent. The legislature hereby
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2 finds that while the content of private communications and advertise-
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3 ments should be afforded the fullest protection practicable and due un-
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4 der the constitutional protections of free speech, there is also vital
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5 considerations of privacy and the emotional well-being of the residents
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6 of New York state that require a balancing of those interests. It is the
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7 intent of the legislature that the public service commission promulgate
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8 regulations that will serve to prevent the invasion of privacy and sev-
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9 ere emotional stress imposed upon persons whose names and and other iden-
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10 tifying information such as numbers or addresses are placed in adver-
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11 tisements on electronic bulletin board or interactive phone services
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12 without verification of their voluntary informed consent.
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13 Section 2. The public service law is amended by adding a new section
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14 94-a to read as follows:
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15 Sec. 94-a. PROTECTING CONFIDENTIALITY IN ELECTRONIC BULLETIN BOARD AND
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16 INTERACTIVE PHONE SERVICES. THE COMMISSION SHALL HAVE THE POWER AND DUTY
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17 TO PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO >ENSURE<
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18 THAT, TO THE MAXIMUM EXTENT PRACTICABLE, THE CONFIDENTIALITY OF ANY
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19 RESIDENT OR DOMICILIARY IN WHOSE NAME ADVERTISEMENTS OR COMMUNICATIONS
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20 ARE PLACED ON ELECTRONIC BULLETIN BOARD SERVICES OR INTERACTIVE PHONE
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21 SERVICES. IN CARRYING INTO EFFECT THE PROVISIONS OF THIS SECTION THE
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(page two)
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1 COMMISSION SHALL TAKE INTO CONSIDERATION THE EXISTENCE AND RELIABILITY
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2 OF PROCEDURES TO VERIFY THE VOLUNTARY INFORMED CONSENT OF ANY DOMICILI-
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3 ARY OR RESIDENT OF NEW YORK STATE TO THE PLACEMENT AND CONTENT
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4 (INCLUDING BUT NOT LIMITED TO THE NAME, TELEPHONE NUMBER AND ADDRESS) OF
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5 ANY ADVERTISEMENT OR COMMUNICATION PLACED BY OR ON BEHALF OF SUCH RESI-
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6 DENT OR DOMICILIARY ON ANY ELECTRONIC BULLETIN BOARD SERVICE OR INTERAC-
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7 TIVE PHONE SERVICE.
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8 NO TELEPHONE CORPORATION SHALL BE LIABLE FOR ANY DAMAGES, FINES OR
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9 OTHER PENALTIES RESULTING FROM (i) ITS GOOD FAITH EFFORTS TO COMPLY WITH
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10 THE REQUIREMENTS OF THIS SECTION OR RULES AND REGULATIONS PROMULGATED
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11 HEREUNDER, OR (ii) ITS GOOD FAITH EFFORTS TO COMPLY WITH ANY COURT OR
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12 REGULATORY ORDER OR REQUEST FROM A GOVERNMENT LAW ENFORCEMENT OR REGULA-
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13 TORY AGENCY CONCERNING THE IMPLEMENTATION OF PROCEDURES THAT MAY BE IN
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14 VIOLATION OF THIS SECTION OR RULES OR REGULATIONS PROMULGATED
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15 HEREUNDER.
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16 Sec. 3. The public service commission shall promulgate rules and regula-
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17 tions implementing the provisions of this act within 180 days of the ef-
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18 fective date of this act.
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19 Sec. 4. This act shall take effect IMMEDIATELY.
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........217 0898-....2400 N81N
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