Requires certain security features and warning labels on baby monitors

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          5175

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    February 12, 2025
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          certain security features and warning labels on baby monitors

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. The general business law is amended by adding a new section
     2  399-iii to read as follows:
     3    § 399-III. BABY MONITORS. 1. AS USED IN THIS SECTION,  "BABY  MONITOR"
     4  MEANS  A  DEVICE  THAT IS MARKETED EXCLUSIVELY FOR THE PURPOSE OF BROAD-
     5  CASTING AUDIO OR VIDEO OF AN INFANT OR CHILD. THE TERM SHALL NOT INCLUDE
     6  A MULTI-FUNCTIONAL DEVICE SUCH AS A SMART PHONE, DIGITAL  VIDEO  CAMERA,
     7  SECURITY CAMERA, OR OTHER SIMILAR DEVICE.
     8    2.  (A)  NO RETAILER, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION FOUR
     9  HUNDRED NINETY-A OF THIS CHAPTER, OR SECONDHAND DEALER,  AS  DEFINED  IN
    10  SUBDIVISION  SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER, SHALL
    11  SELL, OFFER FOR SALE, LEASE OR OTHERWISE MAKE AVAILABLE IN THIS STATE  A
    12  BABY  MONITOR  THAT  BROADCASTS  AUDIO  OR  VIDEO  THROUGH  AN  INTERNET
    13  CONNECTION UNLESS IT INCLUDES: (I) SECURITY FEATURES  TO  PREVENT  UNAU-
    14  THORIZED  USERS  FROM  HEARING  OR VIEWING ACTIVITY; AND (II) A LABEL OR
    15  NOTICE WARNING CONSUMERS OF THE RISKS ASSOCIATED WITH AN UNSECURED  BABY
    16  MONITOR  CONNECTION,  AND  THE  IMPORTANCE OF ACCESSING THE BABY MONITOR
    17  SECURELY AND USING ITS SECURITY FEATURES.
    18    (B) THE LABEL OR NOTICE REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVISION
    19  SHALL  BE DISPLAYED IN A WRITTEN, PRINTED, OR GRAPHIC MANNER ON THE BOX,
    20  CONTAINER, OR PACKAGE OF A BABY MONITOR, OR  SHALL  OTHERWISE  ACCOMPANY
    21  THE  BABY  MONITOR AT THE TIME OF ITS DISTRIBUTION OR SALE. THE INFORMA-
    22  TION ON THE LABEL SHALL BE  CONSPICUOUS  AND  EASILY  UNDERSTANDABLE  TO
    23  CONSUMERS AND BE SUBSTANTIALLY SIMILAR TO THE FOLLOWING:

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09221-01-5
        A. 5175                             2

     1    "WARNING!  THIS  BABY  MONITOR  ALLOWS  INTERNET USERS TO HEAR OR VIEW
     2  ACTIVITY. USE  THE  SECURITY  FEATURES  INCLUDED  WITH  THIS  DEVICE  TO
     3  RESTRICT INTERNET VIEWERSHIP."
     4    3. IT SHALL BE A DECEPTIVE ACT AND A VIOLATION OF ARTICLE TWENTY-TWO-A
     5  OF THIS CHAPTER TO SELL OR OFFER FOR SALE ANY BABY MONITOR WITHOUT SECU-
     6  RITY FEATURES AND A CORRESPONDING WARNING LABEL, AS REQUIRED PURSUANT TO
     7  SUBDIVISION TWO OF THIS SECTION.
     8    §  2.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law. Effective immediately the addition, amendment  and/or
    10  repeal  of  any  rule  or regulation necessary for the implementation of
    11  this act on its effective date are authorized to be made  and  completed
    12  on or before such effective date.