N.Y. General Business Law Section 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

Source: Section 390-C*2 — Posting of warnings by commercial entities offering internet access to the public, https://www.­nysenate.­gov/legislation/laws/GBS/390-C*2 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 390-C*2’s source at nysenate​.gov

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