2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
390-C*2 - Posting of warnings by commercial entities offering internet access to the public.

 
    * §  390-c.  Posting  of  warnings  by  commercial  entities  offering
  internet access to the public. 1. For the purposes of this section,  the
  following terms shall have the following meanings:
    (a)  "Commercial  entity"  shall mean any entity doing business in New
  York state that: (i) for profit, offers goods or services for sale; (ii)
  stores personal information electronically; (iii)  owns  or  operates  a
  wireless network, or local area network; and (iv) offers public internet
  access whether for a fee or free of charge.
    (b) "Local area network" shall mean a data communications system which
  interconnects computer systems at various local sites via access line or
  wire.
    (c)  "Firewall"  shall  mean  a hardware device, software program or a
  combination  of  the  two  that  protects  a   computer   network   from
  unauthorized access.
    (d) "Public internet access" shall mean the ability of a person to log
  onto  the  internet at a location other than that person's home, through
  the use of a computer either owned by such person or provided to them by
  another person or commercial entity, for the purpose  of  accessing  the
  internet.
    (e)  "Wireless  network" shall mean a data communications system which
  interconnects computer systems at various local sites via radio signal.
    2. Any commercial entity that offers the public  the  ability  to  use
  their  computer  for  internet access shall conspicuously post a warning
  sign in their establishment and/or on the wireless network at a point in
  time prior to enabling the public to  log  on  or  gain  access  to  the
  network.    Such warning sign shall state that "For the purposes of your
  own protection and privacy, you are advised to  install  a  firewall  or
  other computer security measures when accessing the internet". Such sign
  shall  include  the  internet  address  of  the  website  created  under
  subdivision three of this section.
    3. The department  of  state  shall  establish  an  internet  security
  website or webpage, that includes, but is not limited to, an explanation
  of  what  a  firewall  is  and the importance of other internet security
  measures.
    4. Any commercial entity that violates this section shall  be  subject
  to  a  civil  penalty of not more than one hundred dollars for the first
  violation, not more than  two  hundred  fifty  dollars  for  the  second
  violation,  and  not  more  than five hundred dollars for each violation
  thereafter. The provisions of subdivision two of  this  section  may  be
  enforced  concurrently  by  the director of a municipal consumer affairs
  office, or by the town attorney,  city  corporation  counsel,  or  other
  lawful  designee  of  a municipality or local government, and all moneys
  collected thereunder shall be retained by  such  municipality  or  local
  government.
    * NB There are 2 § 390-c's