Courtesy of Kevin Mcaleavey, SYSOP, The Big Experiment (TBE) Albany, N.Y.


                                STATE OF NEW YORK
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                                      5604
 
                            1989-1990 Regular Sessions
 
 
                                I N    S E N A T E
 
                                   May 15, 1989
 
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    Introduced by Sen. Dunne -- read twice and ordered printed, and when
      printed to be committed to the Committee on Energy
 
 
   AN ACT to amend the public service law, in relation to protecting the
      confidentiality of individuals in whose name identifying information
      is entered into advertisements on electronic bulletin board or in-
      teractive phone services.
 
 
      THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
   BLY DO ENACT AS FOLLOWS:
 
 
1    Section  1.  Legislative findings and intent. The legislature hereby
2  finds that while the content of private communications and advertise-
3  ments should be afforded the fullest protection practicable and due un-
4  der the constitutional protections of free speech, there is also vital
5  considerations of privacy and the emotional well-being of the residents
6  of New York state that require a balancing of those interests. It is the
7  intent of the legislature that the public service commission promulgate
8  regulations that will serve to prevent the invasion of privacy and sev-
9  ere emotional stress imposed upon persons whose names and and other iden-
10 tifying information such as numbers or addresses are placed in adver-
11 tisements on electronic bulletin board or interactive phone services
12 without verification of their voluntary informed consent.
13   Section 2.  The public service law is amended by adding a new section
14 94-a to read as follows:
15   Sec. 94-a.  PROTECTING CONFIDENTIALITY IN ELECTRONIC BULLETIN BOARD AND
16 INTERACTIVE PHONE SERVICES. THE COMMISSION SHALL HAVE THE POWER AND DUTY
17 TO PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO >ENSURE<
18 THAT, TO THE MAXIMUM EXTENT PRACTICABLE, THE CONFIDENTIALITY OF ANY
19 RESIDENT OR DOMICILIARY IN WHOSE NAME ADVERTISEMENTS OR COMMUNICATIONS
20 ARE PLACED ON ELECTRONIC BULLETIN BOARD SERVICES OR INTERACTIVE PHONE
21 SERVICES.  IN CARRYING INTO EFFECT THE PROVISIONS OF THIS SECTION THE
 
(page two)
 
1  COMMISSION SHALL TAKE INTO CONSIDERATION THE EXISTENCE AND RELIABILITY
2  OF PROCEDURES TO VERIFY THE VOLUNTARY INFORMED CONSENT OF ANY DOMICILI-
3  ARY OR RESIDENT OF NEW YORK STATE TO THE PLACEMENT AND CONTENT
4  (INCLUDING BUT NOT LIMITED TO THE NAME, TELEPHONE NUMBER AND ADDRESS) OF
5  ANY ADVERTISEMENT OR COMMUNICATION PLACED BY OR ON BEHALF OF SUCH RESI-
6  DENT OR DOMICILIARY ON ANY ELECTRONIC BULLETIN BOARD SERVICE OR INTERAC-
7  TIVE PHONE SERVICE.
8    NO TELEPHONE CORPORATION SHALL BE LIABLE FOR ANY DAMAGES, FINES OR
9  OTHER PENALTIES RESULTING FROM (i) ITS GOOD FAITH EFFORTS TO COMPLY WITH
10 THE REQUIREMENTS OF THIS SECTION OR RULES AND REGULATIONS PROMULGATED
11 HEREUNDER, OR (ii) ITS GOOD FAITH EFFORTS TO COMPLY WITH ANY COURT OR
12 REGULATORY ORDER OR REQUEST FROM A GOVERNMENT LAW ENFORCEMENT OR REGULA-
13 TORY AGENCY CONCERNING THE IMPLEMENTATION OF PROCEDURES THAT MAY BE IN
14 VIOLATION OF THIS SECTION OR RULES OR REGULATIONS PROMULGATED
15 HEREUNDER.
16  Sec. 3.  The public service commission shall promulgate rules and regula-
17 tions implementing the provisions of this act within 180 days of the ef-
18 fective date of this act.
19  Sec. 4.  This act shall take effect IMMEDIATELY.
 
 
Explanation by Kevin Mcaleavey, TBE BBS:   The proposed law would prohibit a
BBS from accepting any post, in public or private giving any personal
information such as a description, phone number, address or any information
without the BBS first getting a sworn affidavit in writing from each user
clearly stating that they authorize the posting of that particular message. It
would also require that a sysop thoroughly monitor and "eavesdrop" on each and
every caller to make sure that no such messages are posted without writtentconsent. The PSC is looking into such possibilities as having BBS's install
call-tracing equipment at tremendous expense to assure that each caller is
absolutely who they say they are. The language of the bill above also seems to
specifically protect the phone company against responsibility for unauthorized
eavesdropping. Please read also article #8 in this magazine regarding the kind
of information the telephone company in Texas is attempting to gather in
profound violation of Federal and State law.
 
  It is one thing to require under law that SysOps be responsible in protecting
the privacy of their users and that SysOps must make a good faith effort to
prevent false messages on their system. However, the wholesale wiretapping of
the public who utilize BBS's violates free speech, and will most assuredly kill
our collective hobby.
 
  The action now shifts to the Public Service Commission where the final battle
will be fought. The PSC already did a quick hearing, and will NOT accept public
comment any longer. We all await their ruling. Please take the time to let Sen.
Dunne and YOUR legislators know how you feel about this unwarranted intrusion
into our hobby! Please write the PSC and explain to them how you feel.